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UKO IKONO v. THE STATE

(2016) JELR 41676 (CA)

Court of Appeal  •  CA/C/89C/2014  •  18 Feb 2016  •  Nigeria

Coram
ONYEKACHI AJA OTISI JCA; PAUL OBI ELECHI JCA; JOSEPH OLUBUNMI KAYODE OYEWOLE JCA;

Judgement

JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A. (Delivering the Leading Judgment): This is in respect of an appeal against the judgment of the High Court of Akwa Ibom State, Uyo Judicial Division delivered on the 25th November, 2013 by Stephen Okon J.

The appellant was arraigned on a one count charge of murder contrary to Section 326 (1) of the Criminal Code Cap 38, Vol 11 Laws of Akwa Ibom State of Nigeria. The particulars of offence stated as follows:

Uko Ikono and another still at large on the 12th January, 2012 at Ubon Akwa in Obot Local Government within Ikot Ekpene Judicial Division murdered Okon Sam Achukwu (m).

The appellant pleaded not guilty to the charge and at the trial the prosecution called 5 witnesses while the appellant testified from the witness box in his defence. After taking final addresses of counsel, the learned trial judge in a considered judgment found the appellant guilty as charged, convicted and sentenced him accordingly.

Exercising his right of appeal, the appellant fil…

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