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ASUQUO OKON ASUQUO v. THE STATE

(2014) JELR 36489 (CA)

Court of Appeal  •  CA/C/168C/2013  •  23 Jun 2014  •  Nigeria

Coram
UZO I. NDUKWE-ANYANWU JCA; CHIMA CENTUS NWEZE JCA; ONYEKACHI A. OTISI JCA;

Judgement

CHIMA CENTUS NWEZE, J.C.A. (Delivering the Leading Judgment): At the High Court of Cross River State, Calabar Judicial Division, the appellant in this appeal [as accused person] was charged with the offence of murder contrary to section 319 (1) of the Criminal Code Law, Cap C16, Vol 3, Laws of Cross River State of Nigeria. He was alleged to have killed one Andong Bassey Andong (hereinafter referred to as "the deceased person") on August 21, 2006, by inflicting machete cuts on him.

In proof of its case, the prosecution called four witnesses, PW1; PW2; PW3 and PW4. Exhibits 1 [Negatives]; 2A, 2B, 2C and 2D (four photographs of the corpse of the deceased person); 3 [Medical Report]; 4 [appellant's statement at the Odukpani Police Station] and 5 [appellant's statement at the State Criminal Investigation Department [CID] were tendered through the PW4. On his part, only the appellant testified in his defence.

In its well-considered judgment, the court (hereinafter, simply, referred to as "t…

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