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IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A.(Delivering the Leading Judgment): The present appeal is consequent upon the judgment of Akwa Ibom State High Court, holden at Uyo, delivered on July 23, 2012 in charge No. HU/16C/2006. By the judgment in question, the Court below convicted the Appellant for the offences of conspiracy to effect an unlawful purpose, defilement and murder punishable under Sections 556 (1)(f), 219 (1) and 326 (1) of the Criminal Code CAP. 38 Volume 2, Laws of Akwa Ibom State of Nigeria, 2000. Whereupon, was sentenced to two years imprisonment under counts 1 and 2. While under count 3 of the charge, the Appellant was sentenced to death by hanging.
BACKGROUND FACTS
The instant case has had an obvious chequered history. The offences for which the Appellant and other one person [ENEFIOK MICHAEL TOM] were charged in the Court below was alleged to have been committed on 18/8/2004. The 1st Accused person however gave up the ghost while in the prison during the course of the tr…