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AKPAN BEN AKPAN v. THE STATE

(2001) JELR 33176 (SC)

Supreme Court  •  SC.178/2000  •  13 Jul 2001  •  Nigeria

Coram
ADOLPHUS GODWIN KARIBI-WHYTE JSC; IDRIS LEGBO KUTIGI JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; OKAY ACHIKE JSC; UMARU ATU KALGO JSC;

Judgement

KARIBI-WHYTE, JSC (Delivering the Leading Judgment): On the 11th May, 2000, the Court of Appeal, Calabar Division dismissed the appeal of the appellant against his conviction on the 24th June, 1999 for murder by the Akwa-Ibom High Court sitting at Eket. Appellant dissatisfied has further appealed to this court.

Appellant with Regina Ukpong were arraigned before Udofia J., sitting at the Eket High Court for the offences of murder contrary to section 316(1), and punishable under Section 319(1) of the Criminal Code, and as accessory after the facts of murder under section 322 of the Criminal Code respectively. Both accused persons pleaded not guilty to the indictment. After trial, in which the prosecution called seven witnesses, the accused persons, gave evidence on their own behalf and called no witnesses, The learned trial Judge held that the charge against the 2nd accused having not been proved acquitted the 2nd accused. The 1st accused was convicted and sentenced to death.

The facts…

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