KUMAI BAYANG AKAAHS, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Honourable Justice E. U. Ofem sitting at the Cross River State High Court, Ugep delivered on 20th November, 2003 in charge No.HB/10c/99. By an information dated the 15th day of December, 1999, the appellant who was the 2nd accused was arraigned with 9 others before the High Court, Obubra for the offence of murder contrary to Section 319 (1) of the Criminal Code of Cross River State. The charge read as follows:
"STATEMENT OF OFFENCE
MURDER, contrary to Section 319(1) of the Criminal Code of Cross River State.
PARTICULARS OF OFFENCE
Sylvester Edim Oduma, Okim Irom Ejukwa, Charles Egor Ovat, Wilfred Asim Agbor, Ovat Okpa, Mbor Egwo, Chief Felix Achon Ayang, Egobi Akpang, Bassey Owuta'm and Okura Ovat on the 26th day of February, 1997 at Ochon Village, Obubra in the Obubra Judicial Division, murdered Sampson Ovat,".
The deceased, late Sampson Ovat was a retired Police Sergeant. He was …