The appellant was charged with the murder of one Nkencho Uduje. The deceased was apparently returning from a party in the night in the company of others when they met the appellant.

The appellant had invited one of the girls, (P.W.3) in the deceased's company to speak with her but she refused whereupon appellant got hold of her. Her companions intervened to free her.

One of the girls (P.W.1) a girl, accompanied P.W.3 home, leaving the appellant and the other companions behind at the scene. P.W.1 said when she returned to the scene, she saw the deceased lying down with blood on his body. The deceased was still alive, but he was being taken to a nearby chemist shop for treatment when he died.

P.W.2, a brother of the deceased said he was already in bed on the fateful night when he was informed of the incident involving the deceased. P.W.2 then went to the scene and when he met the deceased in a pool of his blood, he (P.W.2) ran to the appellant's house, saw the appellant who threatened him and asked if he too needed his own share of the stabbing. According to P.W.2, the appellant thereupon brought out a knife from under his pillow and was able to inflict a stab wound on his (P.W.2's) head. P.W.2 knocked down the appellant and removed the knife from him. The knife was received in evidence at the trial as Exhibit 2.

The appellant had made a confessional statement that was received in evidence. In his evidence in court, the appellant denied making the confessional statement and claimed he did not go to the scene where the fight took place.

Appellant was convicted and sentenced to death.