As gathered from the case, on the 25/9/82 at about 10.00pm the deceased, Michael Anaba, while having rest on his easy chair at the back yard of his house, was shot with a gun by the accused person, Mr. Iheonunekwu Ndukwe, and escaped thereafter. An alarm was raised but the accused was not able to be apprehended on the spot on that day. However one Esidi ran to the scene from the deceased's house and testified to the fact that he pursued the accused but he escaped. He testified as PW2. The widow of the deceased Mrs. Salome Anaba testified as PW1 that at the time of the incident she was bathing her child at the back yard. She added that when the accused entered the said back yard the deceased, her husband, asked the accused "why are you here at this time", thereafter the accused shot the deceased with a gun on his head and he fell down.

Salome Anaba was all along at the same back yard, rushed to the scene to see what had happened she collided with the Appellant as he was trying to escape. There was a lantern at the backyard and accosted the Appellant in these words:- "Iheonekwu have you killed my husband"?. The Appellant set up an alibi and said he had an accident at Achara on his way back from the deceased's house.

The Appellant herein was arrested and arraigned properly before the High Court of Justice in Isiala Ngwa High Court Abia State for murder punishable with death in that he caused the death of one Michael Anaba on 25/9/82.

The prosecution called three (3) witnesses including the Registrar of Isiala Ngwa High Court who tendered the Certificate of Record of previous evidence of the I.P.O and the evidence of the medical doctor in previous proceedings in the case before another Judge as well as statement of the accused person to the police.

As stated earlier, hearing started in earnest. At the end of the prosecution's case, the accused person now Appellant testified in his own defence and called no witness. Both Counsel for the Appellant and the prosecution copiously addressed the Court on several contentious issues and the possible defence of the Appellant.

At the end of the trial and addresses of learned Counsel, and in a considered judgment, the learned trial Judge found the Appellant guilty as charged. He convicted the Appellant as such and sentenced him to death.

Being aggrieved by the decision, the Appellant appealed to the Court of Appeal, Port-Harcourt Division, which dismissed his appeal. Still dissatisfied, the Appellant has now further appealed to the Supreme Court.