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ESOP SAMPSON EDOHO v. THE STATE

(2002) JELR 47512 (CA)

Court of Appeal  •  CA/C/223/98  •  10 Dec 2002  •  Nigeria

Coram
DENNIS ONYEJIFE EDOZIE JCA; SIMEON OSUJI EKPE JCA; SULE AREMU OLAGUNJU JCA;

Judgement

EKPE, JCA (Delivering the Leading Judgment): The accused person, Esop Sampson Edoho, now appellant was charged on an information with the offence of murder contrary to section 319(1) of the Criminal Code.

The particulars of the offence read:

"Esop Sampson Edoho in the night of 29th July, 1993 at No. 67, Grace Bill Road, Eket, within Eket Judicial Division murdered Iboro Esop Sampson Edoho (M)."

The appellant pleaded not guilty to the charge. The trial was before Idiong, J. at Eket High Court of Akwa Ibom State. At the trial, the prosecution called four witnesses in proof of its case. The appellant gave evidence in his own defence but called no witness.

Learned counsel for both parties also addressed the court. At the end of the trial, the learned trial Judge delivered a considered judgment on 21/4/97 and found the appellant guilty of murder, convicted him and accordingly sentenced him to death. In convicting the appellant of murder of the deceased, the learned trial Judge had this to…

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