KUMAI BAYANG AKA'AHS, J.S.C. (Delivering the Leading Judgment): The appellant was charged before the High Court of Cross River State holden at Calabar with the offence of murder contrary to Section 319(1) of the Criminal Code Cap C16 Vol. 3 Laws of Cross River State of Nigeria 2004 in Charge No.HC/59C/2006. The charge reads thus:-
"STATEMENT OF OFFENCE
MURDER contrary to Section 319(1) of the Criminal Code Cap. C16 Vol. 3 Laws of Cross River State of Nigeria 2004.
PARTICULARS OF OFFENCE
ASQUO OKON ASUQUO on or about 21st day of August 2006 at Okurikang village in Calabar Judicial Division murdered one Andong Bassey Andong.
In order to prove the offence the prosecution called four witnesses and tendered six exhibits. One of the four witnesses who testified is PW2, the wife of the deceased who gave an eye witness account on how the appellant went to the deceased house armed with a matchet and when the deceased sighted him, he tried to escape but fell in front of the Presbyterian Church whic…