The appellant was charged with the murder of one Elizabeth Nwafor, contrary to section 319(1) of the Criminal Code, Laws of Eastern Nigeria, applicable to Anambra State. The particulars of the offence are that on or about 7th day of November 1983 at Ndiggu Okoffia Ezza in Abakaliki Division of the High Court of Anambra State he murdered the said Elizabeth Nwafor. He pleaded not guilty. The facts relied on by the prosecution were that the appellant was a boy friend of the deceased who at the time of her death was about 13 years old. That association was in existence for about one year before the deceased met her death in the hands of the appellant on 7th November 1983. On that fateful day, the appellant who was quite known to the mother of the deceased, went to the house of the deceased. At the time he got there, the mother of the deceased (P.W3) was already in the bathroom. She heard when the appellant called the name of the deceased. The next thing she heard was the shout by the deceased. She ran out and saw the deceased with matchet cuts. 'When the appellant saw P.W.3, he also inflicted some matchet cuts on her. She collapsed. It was in the hospital she regained consciousness. The reason for this dastardly act would appear to be a refusal on the part of P.W.3 to allow the appellant bring palm wine to the family of the deceased. This refusal by P.W.3 was based on the fact that the love affair between the deceased and the appellant was not yet made known to the father and male members of the family. This did not go down well with the Appellant. As a result of the death of the deceased, a report was made to the police. The Appellant was arrested. He made a statement to the police. The Ibo version and the English translation of the statement were admitted in evidence and marked Exhibits B and B1 respectively.

The Appellant gave evidence on oath. His defence was based on provoca¬tion and self defence. He agreed that he went to the house of the deceased on 7th November 1983. On that day he went there with palm wine. It is significant that he admitted he went alone. P.W.3 then asked him why he brought palm wine. He reminded her that she asked him to bring the palm wine, P.W.3 denied and gave him the impression that her daughter was no longer going to marry him. No reason was adduced for this change of heart. The remaining part of his defence is as follows:

"At that stage both P.W.3 and the deceased suddenly started attacking me beating with sticks. I fell down on the ground. The deceased ran into the house, brought a matchet and stabbed me on my right leg. At that stage I collected a stick of Indian bamboo, hit the deceased, she staggered and fell on the matchet on the ground. P.W.3 came back and hit me with a piece of Indian bamboo. I fell down. I got up and was running for my dear life when P.W.3 went inside the house and brought a matchet. The deceased ran away through the backyard. P.W.3 wanted to use the matchet on me and I used a piece of Indian bamboo in defending myself and disarmed P.W.3 The matchet she had fell off her hand. I collected a piece of the Indian bamboo used on me and used it in hitting P.W.3. I did not make statements to the Police. I did not go to school. I never lived at any other place except Okoffia Ezza. I killed Elizabeth Nwafor. I killed Elizabeth Nwafor the deceased because on 7/11/83 it was P.W.3 who told me to bring wine that she had arranged with the half brothers of the deceased for me to come. It was when the deceased went in and brought a matchet and stabbed me on my right leg, that I took the matched off her and inflicted a matchet cut on the deceased from which she died.

I had no previous quarrel with the deceased and P.W.3 apart from this incident."

He was cross-examined and he agreed that according to their custom, the male members of the family give out a girl in marriage. He denied that the issue of the marriage of the deceased was discussed with the mother of the deceased (P.W.3) alone. Counsel addressed the court. After a careful review of the evidence and the authorities cited in support of the submissions made, the learned trial judge found the appellant guilty of murder. He convicted him and sentenced him to death. The appeal to the Court of Appeal was dismissed on 7th December 1989.