EDET OFFONG EKPE V. THE STATE

AKINTAN, J.C.A. (Delivering the Leading Judgment): The Appellant, Edet Offong Ekpe, was arraigned before Calabar High Court on Information in which he was charged with the murder of one Dickson Udo contrary to Section 319(1) of the Criminal Code Laws of Cross River State. The Particulars of the Offence are that the Appellant "on the 15th day of April, 1993 at Ikot Asuquo Affiong Anye Village, Akpabuyo in the Calabar Judicial Division, murdered Dickson Udo."

The case was tried by Ecoma, J. The Appellant pleaded not guilty to the charge and the Prosecution called seven witnesses to establish its case. The Appellant gave evidence in his defence. The learned trial Judge, in a reserved judgment delivered on 28th May, 1986, found the Appellant guilty as charged. He was accordingly sentenced to death by hanging. The Appellant was dissatisfied with the verdict of the court and has appealed to this court.

The facts of the case are briefly as follows:

The deceased, Dickson Udo, was living at Ik…