SAMUEL MATTHEW EKANEM V. THE STATE

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Akwa Ibom State contained in the judgment of the Hon. Justice G. J. Abraham on 14th February, 2005 in charge No. HKN 12C/2003.

The Appellant was arraigned on an information containing one count for the murder of James Jacob Udo on the 3rd day of August, 1993 at Mbiabong Ikot Etim, Ini Local Government Area within Ikot Ekpene Judicial Division contrary to Section 319(1) of the Criminal Code Cap. 31 vol. 11 Laws of Cross River State as applicable to Akwa Ibom State.

The case was first tried before Hon. Justice J. J. Umoren where the prosecution has called two witnesses. The case then commenced de novo before the Hon. Justice Godwin J. Abraham. Before Hon. Justice Godwin J. Abraham the prosecution called three witnesses. PW1 and PW3 are Court officials who tendered earlier Court proceedings especially as regards the evidence of Sergeant Ime Peter the IPO and James U…