MADARIKAN, J.S.C. (Delivering the Leading Judgment): The appellants were charged with murder contrary to section 319 of the Criminal Code and were, on the 13th November, 1970, convicted by Ete I. in the High Court, Uyo (charge no. HU/33C/70) and sentenced to death.
One of the eye-witnesses to the killing of the deceased was Sampson Akpan Aduep (P.W.2). He testified that after evening service on the 26th April, 1970, he was informed that two deserters from the "biafran" army were beating up someone; and that on approaching the scene, he saw the 2nd accused holding the hands of Udo Davis and the 1st accused piercing a knife through the abdomen of Udo Davis. Blood gushed out from the abdomen of Udo Davis and he fell down. The 2nd accused then ran away. After struggling with P.W.2 for a while, the 1st accused also succeeded in running away. As the victim, Udo Davis, was being carried in a big basket to the house of P.W.2, he died on the way.
Dr. Cookey (P.W.1) who performed a post-mortem …