MARY UKAEGO PETER-ODILI, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal Calabar Division Coram: M. L. Garba, U. I. Ndukwe-Anyanwu and O. A. Otisi, JJCA in which the Court dismissed the appeal of the Appellant and affirmed the judgment of the trial Court presided over by B. T. Ebuta J. of the High Court of Cross River State, Akamkpa which found the Appellant guilty of the murder of Ekpenyong Ayi Ekpenyoung and sentenced him to death by hanging.
BACKGROUND FACTS:
The Appellant was charged with the offence of murder contrary to Section 319 (1) of the Criminal Code Cap C 16, Laws of Cross River State of Nigeria 2005. The version of the Respondent before the trial Court was that the Appellant on the 4th day of December 2004, in the course of quarrelling with the deceased "took the deceased to the road, jerked him up and fell him on the ground. In the process the deceased person died instantly".
The accused person pleaded not guilty and …