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IMO AKPAN BASSEY v. THE STATE

(2014) JELR 7182 (CA)

Court of Appeal  •  CA/C/26C/2014  •  26 Apr 2014  •  Nigeria

Coram
ONYEKACHI AJA OTISI JCA; PAUL OBI ELECHI JCA; JOSEPH OLUBUNMI KAYODE OYEWOLE JCA;

Judgement

ONYEKACHI AJA OTISI, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Akwa Ibom State, Uyo Judicial Division, delivered by Honourable Justice Imeh E. Umanah on June 30, 2011 in Charge No. HU/21C/2007 in which the Appellant was found guilty of the murder of his two children, Philip Imo Akpan and Magdalene Imo Akpan; and sentenced to death by hanging.

The facts leading to this appeal reveal that the Appellant was charged before the High Court of Justice, Akwa Ibom State, Uyo Judicial Division on a one-count charge of Murder, contrary to Section 326(1) of the Criminal Code, Cap 38, Vol. II, Laws of Akwa Ibom State of Nigeria 2000. The Appellant pleaded not guilty to the charge. The complainant was his estranged wife. At the trial, the prosecution called one witness named Sergeant Philip Agara (PW1), a Policeman attached to the Anti-Human Trafficking Unit of the Nigeria Police Force. He tendered three extra judicial statements marked Exhibi…

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