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DANIEL EDET DANIEL v. THE STATE

(2016) JELR 41708 (CA)

Court of Appeal  •  CA/C/361Cd/2013  •  10 Feb 2016  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; CHIOMA EGONDU NWOSU-IHEME JCA; ONYEKACHI AJA OTISI JCA;

Judgement

ONYEKACHI AJA OTISI, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the Judgment of Honourable Justice Stephen E. Okon, sitting at the High Court of Justice Akwa Ibom State, in the Ikot Ekpene Judicial Division, delivered on June 24th, 2013, wherein the Appellant and four others were convicted of murder of one Okon Tom Akpan contrary to Section 362(1) of the Criminal Code Cap 38 Volume 11, Laws of Akwa Ibom State of Nigeria 2000, and as a result sentenced to death by hanging.

The Appellant, who was the 2nd accused person, and four others were arraigned on March 23, 2004 on a one Count charge of murder contrary to Section 326(1) of Criminal Code Cap 38 Volume 11 Laws of the Akwa Ibom State of Nigeria, 2011, with particulars which read thus:

Unyime George Udofia, Daniel Edet Daniel, Ofonime Usua Udom, Nsikak Usua Udom and Etim Etim Udo, on the 5th day of July, 2003 at Abiakpo Edem Idim, Ikot Ekpene in Ikot Ekpene Judicial Division murder Okon Tom Akpan.

The trial suff…

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