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SEGUN AKINLOLU V. THE STATE

(2015) JELR 36708 (SC)

Supreme Court  •  SC.635/2013  •  11 Dec 2015  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JSC; MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC; BODE RHODES-VIVOUR JSC; CLARA BATA OGUNBIYI JSC; CHIMA CENTUS NWEZE JSC;

Judgement

CHIMA CENTUS NWEZE, J.S.C. (Delivering the Leading Judgment): At the High Court of Akwa Ibom State, the appellant in this appeal [as first accused person] and two other persons were charged with the murder of Okon Uyeh of Udesi Akai Ati, an offence punishable under Section 319 (1) of the Criminal Code, Vol 2, Laws of Cross River State of Nigeria, as applicable in Akwa Ibom State.

The Prosecution's case was woven around the testimonies of two witnesses, namely, PW1, Edward Agabi, the Investigating Police Officer [IPO]; PW2, Bassey John Effiong and two exhibits, viz, exhibits 1 and 2. On their part, each of the accused persons testified at the trial in a spirited attempt to vindicate his innocence. The appellant was the DW1. Persuaded by the testimonies of the Prosecution's said two witnesses, the court (hereinafter referred to as "the trial court," Coram Ikpe J.), in a well-articulated judgment delivered on October 27, 2009, found the appellant and the second accused person guilty as ch…

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