AUGUSTINE IDUNG V. THE STATE

DALHATU ADAMU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of High Court of Cross River State holden at Ogoja delivered on 21st January, 2013 in Suit No. HC/4C/2008.

The facts leading to this appeal are that the appellant and his brothers are children of the deceased younger brother. Among the brothers of the accused is one described as Odugbo Idung who was said to have developed an ailment and was taken to a native doctor. In view of the visit to the native doctor and in accordance with his professional usage linked the source of the said Odogbo Idung ailment to the deceased. On 9th August, 2007, the appellant with other of his brothers visited the deceased and invited him to accompany them to the native doctor's house where the said Odogbo was receiving treatment. The appellant with the other of his brothers held axe and iron rod so as to compelled the deceased to follow them to the herbalist house for prayers but the deceased resisted their move…