ANTHONY AKADILE V. THE STATE

MADARIKAN, J.S.C. (Delivering the Leading Judgment): The appellant was tried and convicted of the murder of one Osong Abang by Bassey J. in the High Court, Calabar.

The facts relied upon by the prosecution were that the deceased who was a hunter was seen carrying a gun in the morning of the 11th of March, 1969, and walking in the direction of the bush. Shortly afterwards, he was followed by the accused who was also carrying a gun. As the deceased did not return home in the evening, search parties were organised to look for him, and some three days later, his corpse was found in the bush in an advanced stage of decomposition. The accused who was present at the scene then took to his heels. He was pursued and when he was overtaken, he was caught and brought back to the scene where he confessed that he had killed the deceased.

In his statement to the police (exhibit 1) the accused said as follows:

"I saw a big animal standing. I began running with it, after a short time I found it standing …