UDUAK OKON EDIMA V. THE STATE

MUHAMMED LAWAL SHUAIBU, JCA (DELIVERING THE LEADING JUDGMENT): At the High Court of Akwa Ibom State, Oron Judicial Division, the appellant and one other accused person, were arraigned on an information containing one count charge of the murder of one John Okon Eyo contrary to and punishable under section 326(1) of the Criminal Code, Cap 38, Vol.2, Laws of Akwa Ibom State of Nigeria, 2000.

They both pleaded not guilty and the case proceeded to trial wherein the prosecution called three witnesses namely, Okon Eyo pw1 (Father of the deceased), Ntekim Edet Bassey pw2 (Motor cycle mechanic), and Sgt. Elechi Joseph pw3 (Investigating police officer).  On their part, the appellant and his co-accused testified in their own defence but called no other witness.

At the end of the trial, the trial court (herein after referred to as “the lower court”) found them guilty as charged, convicted and sentenced them to death by hanging.

Miffed by the said decision, appellant has appealed to this court throu…