UBONG SUNDAY AKPAKPAN V. THE STATE

CHIOMA EGONDU NWOSU-IHEME, J.C.A. (Delivering the Leading Judgment): The Appellant in this Criminal appeal was arraigned before the High Court of Justice, Abak in the Abak Judicial Division of Akwa Ibom State, presided over by Joseph E. Ekanem, J, (as he then was) on an information of a one count charge of murder contrary to Section 326(1) of the Criminal Code, Cap. 38 Vol. 2, Laws of Akwa Ibom State, 2000.

At the close of the prosecution's case the Appellant entered his defence and was subsequently convicted for the offence of murder and sentenced to death. The Appellant aggrieved by the said judgment has appealed to this Court.

A summary of the case as presented by the prosecution was that the Appellant, Ubong Sunday Akpakpan was charged along with two others, Monday Akpan Udom and Francis James Inyang before the Abak judicial Division of the Akwa Ibom High Court on a one count charge of Murder. Consequent upon a Ruling on no case submission, the two other accused persons were dischar…