SULEIMAN GALADIMA, J.S.C. (Delivering the Leading Judgment): This Appeal is against the judgment of the Court of Appeal, Calabar Division (Court below) delivered on the 4th day of July, 2014 which affirm the judgment of the Cross River State High Court, Calabar Judicial Division (trial Court) delivered on the 17th day of March, 2010. The Appellant herein was convicted of the offence of murder of a teenager, John Okon Edem, of Grace and Gold Nursery/Primary School, Calabar, contrary to Section 319(1) of the Criminal Code C.16 Vol. III, Laws of Cross River State 2004 (Criminal Code) and sentenced to death.
The facts of this case are summarized as follows: The Appellant, on 8/10/2007 between 12.00 noon and 1.00pm went to Grace and Gold Nursery/Primary School State Housing Estate, Calabar and enticed one John Okon Eden aged 10 years. He deceived both the security man and Edem's teacher. He showed them snack he bought for the young boy. As the teacher, who was holding some things in her han…