SOLOMON THOMAS AKPAN V. THE STATE

U. OMO, J.S.C. (Delivering the Leading Judgment): The appellant here was charged in the High Court of Cross-River State with the murder of one Akpan Peter Udombang, an offence contrary to Section 319 (1) of the Criminal Code. After a trial in which the prosecution called ten witnesses and the appellant only testified in his defence, the learned trial Judge in a reserved judgment found the appellant guilty of murder as charged and sentenced him accordingly.

One appeal to the Court of Appeal, against his conviction and sentence, counsel on his behalf canvassed in his brief the validity of the conviction which he alleged was based on retracted statements of the appellant which were wrongly regarded as confessions, the evidence of tainted witnesses, and failure to prove the cause of death of the alleged victim. Briefs were duly filed by the parties and fully adopted without further expatiation by counsel for them in oral argument. In a majority judgment delivered on 7th March, 1989, the …