MASSOUD ABDULRAHMAN OREDOLA, JCA (Delivering the Leading Judgment): The appellants, Anthony Thompson Ebong and Uwem Thompson Ebong as accused persons, were tried and convicted on a one count charge of murder by Udoma, J. sitting at Itu Judicial Division of the High court, Akwa Ibom state. The judgment in question was delivered on 29th July, 2009. The statement and particulars of the one count charge read as follows:
"STATEMENT OF OFFENCE
MURDER, contrary to Section 926 of the Criminal Code Cap 38 Vol. II, Laws of Akwa Ibom State.
PARTICULARS OF OFFENCE
ANTHONY THOMPSON EBONG and -UWEM THOMPSON EBONG on the 1sth day of January, 2006 at No. 17 Udo Inyang Street, Ikot Abasi Itam, in Itu Judicial Division did cause the death of one Sgt. David Edet Antai."
On 8th November, 2006 the two accused persons pleaded not guilty to the charge. It is to be noted that on 23rd March, 2009 the charge was amended to read, "at No. 7 Udo Inyang Street", instead of "at No. 17 Udo Inyang Street": The pleas …