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EMMANUEL OGAR AKONG EDOKO v. THE STATE

(2015) JELR 42274 (SC)

Supreme Court  •  SC.315/2012  •  27 Feb 2015  •  Nigeria

Coram
SULEIMAN GALADIMA JSC; MARY UKAEGO PETER-ODILI JSC; OLUKAYODE ARIWOOLA JSC; JOHN INYANG OKORO JSC; CHIMA CENTUS NWEZE JSC;

Judgement

JOHN INYANG OKORO, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal sitting at Calabar which was delivered on 13th July, 2009 wherein the court below upheld the conviction and sentence to death of the appellant by the High Court of Cross River State.

The facts of this case, as can be gathered from the record of appeal shows that on the 26th day of November, 2004, the appellant left Edor, his village in Ikom Local Government Area to attend the burial of one late Gregory Awam at Nkonfab, a neighbouring village. Between 10.00pm and 11.00pm, the appellant went close to the vicinity where PW1, an eye witness to the crime and some of his friends were sitting and started smoking Indian hemp.

The deceased, Ajing Bisong who was serving food and drinks to PW1 and his friends, approached the appellant and told him to leave the area. A scuffle ensued and from the account of the prosecution, the appellant brought out a jack knife and stabbed theā€¦

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