MUSDAPHER, JSC (Delivering the Leading Judgment): In the High Court of Justice of Akwa Ibom State in the Uyo Judicial Division, the appellant was arraigned, tried and convicted on an information containing one count charge to wit: murder, contrary to section 319(1) of the Criminal Code, Cap. 31, Vol. 11, Laws of Cross River State, applicable to Akwa Ibom State. The particulars of which were that on the 5th day of July, 1988, at Babara Inn, No. 22 Uko Eshiat Street, Uyo in the Uyo Judicial Division, the appellant murdered Bernadette Edem Essien. The appellant pleaded not guilty to the charge and at the ensuing trial, the prosecution called four witnesses and closed its case; after which, the appellant whose no case submission was overruled testified on his own behalf and called no other witness.
The case of the prosecution as narrated by the witnesses was that on the 5th day of July, 1988, Bernadette Edem Essien (the deceased) and the appellant went to Babara Inn at about 3.00 p.m. Aft…