INYANG ETIM AKPAN V. THE STATE

ADIO, J.S.C: (Delivering the Leading Judgment): The appellant, Nyang Etim Akpan, alias Mbom Etim Akpan, was charged with the murder of one Enefiok Mbom Edet under section 319(1) of the Criminal Code Law, Cap. 31 of the Laws of the Cross River State of Nigeria, applicable in Akwa Ibom State of Nigeria. The evidence led by the prosecution was that on the 19th day of July, 1986, the deceased was one of those to be initiated as new members of Ekpo Masquerade Society in Mbiaya Uman, Uyo. The appellant (who was the assistant head of Ekpo Society) had a matchet in his armpit and held a cow horn and wooden gong in one hand. He walked to the house of P.W. 2. While there, the deceased too came to the house of P.W.2 and asked the appellant why he hit him (deceased) with the cow horn. The appellant said that it was Patrick Okon that he wanted to hit with the cow horn and not the deceased. The next thing that happened was that the deceased took the Matchet and the cow horn from the appellant and r…