JEAN OMOKRI, J.C.A. (Delivering the Leading Judgment): The appellant, Agbor Ele and 3 others namely, Sunday Irom Adam, Anthony Edim Inyang and Thompson Okira, were arraigned before the High Court of Cross River State sitting at Obubra, on a charge of murder of one Ekong Ebingha (M) an offence under Section 319(1) of the Criminal code, Cap 31, Laws of Cross River State of Nigeria.
At the trial seven witnesses testified for the prosecution. Sunday Irom Adam died in the course of the trial. At the close of the case for the prosecution Anthony Edim Inyang and Thompson Okira were discharged because there was no prima facie case made out against them. The trial continued against only the appellant. He entered into his defence and testified for himself but called no other witness. At the end of the trial, the trial Judge, Hon. Justice James U. Obasse in his judgment delivered on 30/7/96 found the appellant guilty of the offence of murder and convicted him accordingly. The appellant was sente…