The appellant Nicholas N. Wankey was arraigned before the Aba High Court of Imo State of Nigeria, charged with the following offence:

The accused pleaded not guilty to the charge.

The prosecution opened its case and called 11 (eleven) witnesses and tendered a number of exhibits. The accused gave evidence in his own defence but called no other witness.

At the end of the trial the learned trial Judge, Johnson J. reviewed the evidence before him and found the accused guilty as charged and convicted him. He sentenced him to death by hanging.

The accused appealed to the Court of Appeal, Port Harcourt Division against the conviction and sentence on several grounds. His appeal was also dismissed by the Court of Appeal. He has now appealed to this Court. A resume of the facts in this case is as follows:

The accused and the deceased hail from the same village - Osusu in Umuikpeyi, Obioma Local Government. They have a protracted and outstanding land dispute over which they appeared before a Magistrate Court as well as a village arbitration committee in an effort to settle it peacefully, but apparently without success.

On 2nd February, 1985, the deceased employed eight (8) labourers to clear the bush on the disputed land which he was in possession of, preparatory to farming the same. The deceased was conducting the clearing work when the accused, armed with a gun appeared on the land at about 11 a.m. and ordered the deceased and the labourers to surrender. He fired the first shot in the air followed by the second one, aimed at the deceased's legs which he missed. He fired the third shot and hit the deceased on the abdomen. The deceased slumped down and died on the spot. The labourers scattered in fear and disappeared.