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OKON NSIBEHE EDOHO v. THE STATE

(2010) JELR 47604 (SC)

Supreme Court  •  SC.372/2007  •  30 Apr 2010  •  Nigeria

Coram
MAHMUD MOHAHAMMED JSC; IKECHI FRANCIS OGBUAGU JSC; FRANCIS FEDODE TABAI JSC; MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC; OLUFUNLOLA OYELOLA ADEKEYE JSC;

Judgement

O. O. ADEKEYE, JSC (Delivering the Leading Judgment): The appellant Okon Nsibehe Edoho was produced before the High Court of Akwa Ibom State, Eket Judicial Division on the 10th of September 1984, but could not be arraigned as' he refused to respond to the charge. He was properly arraigned before the court on the 5th of October 1988 when his plea was taken. The charge preferred against him read as follows -

Statement of Offence

Murder contrary to Section 319(1) of the Criminal Code

Particulars of Offence

Okon Nsibehe Edoho on the 31st day of October, 1983 at No. 8, Esin Ufot Street, Afoha Eket in Eket Judicial Division murdered Akanimo Jacob Edoho.

Trial commenced de novo in the matter on the 21st of March 1989. The prosecution called three witnesses: the father of the deceased Okon Jacob Edoho as PW1, Akpachia Jacob Edoho as PW2 both were eyewitnesses of the incident leading to the death of the deceased on the 31st of October 1983 and a police officer who deposed on oath that he coul…

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