GRACE ABRAHAM AKPABIO & ORS. V. THE STATE

IGUH, J.S.C. (Delivering the Leading Judgment): The appellants, Grace Abraham Akpabio, Effiong Udo Ekong and Edet Jonathan Nte, were on the 29th day of February, 1988 arraigned before the High Court of Akwa Ibom State, holden at Uyo, charged with the offence of murder contrary to Section 319 of the Criminal Code. The particulars of the offence charged are as follows:-

"Grace Abraham Akpabio, Effiong Udo Ekong and Edet Jonathan Nte on 22nd September, 1987 at No.2 Morris Eka Lane, Uyo in Uyo Judicial Division murdered one Anthony Michael Asuquo."

Each of the three appellants pleaded not guilty to the charge and the trial proceeded.

The prosecution called seven witnesses at the trial. The 1st appellant gave evidence and called one witness. The 2nd and 3rd appellants called no evidence but rested their defence on the case of the prosecution.

The substance of the case as presented by the prosecution is that on the 22nd day of September, 1987, the 1st appellant after the day's business, ret…