The Appellants, Uchenna Nwachukwu, along with two others to wit, Christopher Ndulaka and Chibuzor Nwachukwu was arraigned before the High Court of Justices, Imo State holden at Owerri, charged with the offence of murder contrary to Section 319(1) of the Criminal Code, Cap.30, Vol.11, Laws of Eastern Nigeria, 1963, applicable to Imo State.

Each of the accused persons pleaded not guilty to the charge and the prosecution originally called a total of eight witnesses at the abortive trial before Ukattah, J. as he then was. It was during the tendency of that proceeding that the then 1st accused, Christopher Ndulaka, was said to have been shot with a gun by one Anthony Nwachukwu, the principal suspect in this case but who is now at large. The said Christopher Ndulaka subsequently died at the General Hospital, Owerri before the conclusion of the trial. With the creation of Abia State from the Old Imo State, Ukattah, J, Was obliged to return to Abia State.

Consequently the trial of the remaining two accused persons had to be started de novo before Maranzu, J. with the former 2nd and 3rd accused persons becoming the 1st and 2nd accused persons respectively at the new trial.

Both accused persons again pleaded not guilty to the charge at the new trial and the prosecution called three witnesses and tendered some Exhibits. The accused persons testified on oath on their own behalf but called no witnesses.

The Substance of the case as presented by the prosecution from the evidence of P.W.2 principally and the statements of the 1st accused. Exhibits B and C, is that following some dispute between the said Anthony Nwachukwu, now at large, and the deceased, Benjamin Iheama, both of whom carried on a joint electronics business at No.4, Douglas Road, Owerri, Anthony Nwachukwu enlisted the assistance of the late Christopher Ndulaka and other two accused person, his junior brothers, to kill the deceased.

Both Anthony Nwachukwu and the deceased lived at all material times in one flat but in different bedrooms at plot 454, Ikenegbu Layout, Owerri.

On the 20th January, 1985 the said Anthony Nwachukwu, the late Christopher Ndulaka and the 1st accused person congregated in the flat of both the deceased and Anthony Nwachukwu. All three of them unceremoniously trouped into the bedroom of the deceased and Anthony Nwachukwu, immediately locked the door and intimated to the deceased, Benjamin Iheama, that they had come to kill him. According to the Appellant's narrative to P.W.2, before the deceased could say anything, Anthony Nwachukwu pounced on the late Benjamin Iheama and with the help of Christopher Ndulaka, now deceased and the Appellant strangulated and killed him. All three later that night jointly brought the dead body of the deceased down from their 2nd floor apartment and carried him into the booth of the 505, peugeot car No. IM 315 WB which belonged to the deceased, Benjamin Iheama. Again, all three of them with Anthony Nwachukwu on the wheel drove with the dead body of the deceased in the booth to Uratta Express Road, Owerri where they buried him in a shallow grave in the bush. Christopher Ndulaka brought the two shovels that they used in digging the shallow grave.

It was the Appellant, the 1st accused person who in the course of police investigation of the offence took P.W.2 and his team to the shallow grave in the bush along Uratta Express Road, Owerri where they buried the deceased. The evidence against the 2nd accused person was entirely circumstantial as he took no part in the actual killing of the deceased. The case against him was built around the fact that he was an accessory after the fact to the murder. The case for the defence was a total denial of the charge. The Appellant, the 1st accused person, denied killing the late Benjamin Iheama on the 20th January, 1985 or on any other date. He also denied any involvement in the death of the deceased or that he narrated to P.W.2 how the said deceased was killed. He also denied that he showed the Police where the deceased was buried. The 2nd accused also denied any involvement, whether directly or indirectly, in the death of the deceased. The learned trial Judge after a review of the evidence found the Appellant and the 2nd accused person guilty of the offence of the murder of the deceased, Benjamin Iheama, and accordingly sentenced them to death as prescribed by law. He described the 2nd accused as an accessory before and after the fact to the offence of the murder of the deceased.

Dissatisfied with the judgment of the trial Court both convicts appealed to the Court of Appeal, Port Harcourt Division. The Court of Appeal allowed the appeal of the 2nd accused person. The appeal lodged by the Appellant, 1st accused person, was however, dismissed and his conviction and sentence were affirmed.

Still dissatisfied the Appellant appealed to the Supreme Court.