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(2021) JELR 106989 (CA)

Court of Appeal  •  CA/C/482C/2018  •  12 Mar 2021  •  Nigeria

Mojeed Adekunle Owoade, JCA James Shehu Abiriyi, JCA Muhammed Lawal Shuaibu, JCA


 MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Akwa Ibom State, Uyo Division, delivered by Hon. Justice Okon A. Okon on the 24th day of April, 2017.

The Appellant was charged for the murder of one Paul Eyo Ikon on or about 29th day of January, 2015 at Utang Street in Uyo.

The case of the prosecution through the PW1 and PW2 was/is that on the 26th day of January, 2015, the deceased in company of the Appellant; accused person, went for repair work at a cousin’s place at Nwaniba Road Uyo and that both returned to their house at No. 4 Utang Street that evening, where after they both went to their separate rooms. And, that was the last time the deceased was seen alive.

The Appellant gave evidence and denied the killing of the deceased. Before then, he made several extra judicial statements to the police, none of which he said he killed the deceased.

The prosecution called four (4) witnesses PW1 – PW4 and tendered s…

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