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EYANG EDIM V. THE STATE

(1972) JELR 35404 (SC)

Supreme Court  •  SC.199/1971  •  28 Apr 1972  •  Nigeria

Coram
TASLIM OLAWALE ELIAS JSC; IAN LEWIS JSC; UDO UDOMA JSC;

Judgement

ELIAS, C.J.N (Delivering the Leading Judgment): On March 22, 1972, we dismissed the appeal brought by Eyang Edim against his conviction for murder by Bassey, J., on July 12, 1971, in the High Court at Calabar in Charge No. C/6C/71. We now give our reasons for so doing.

In his statement, Exhibit 1, the Appellant said that at about 12 o'clock at night on November 19, 1970, after drinking palm wine with Eme Anthony Okori, the deceased, and others in the house of one Ebedem Efim, he and Eme went to the 5th prosecution witness, Arangha Oyum, to hire his canoe for twenty-five shillings, the deposit of five shillings having been paid by Eme. They packed Okasi leaves into the canoe which they rowed towards Oferekpe and landed opposite Ogurukpon where he the Appellant said he cut the deceased twice on the head. When the deceased did not die, he said he threw him into the water and also the okasi leaves. He said that he then washed the canoe and went home. He also said that it was because he h…

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