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GODWIN OKON ITA & ANOR v. THE STATE

(2013) JELR 35586 (CA)

Court of Appeal  •  CA/C/14C(A)/2012  •  28 May 2013  •  Nigeria

Coram
UZO I. NDUKWE-ANYANWU JCA; JOSEPH TINE TUR JCA; ONYEKACHI A. OTISI JCA;

Judgement

UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Akwa Ibom State sitting in Ikono delivered on 20th October, 2010 in Suit No. HKN/12C/2009. The appellant was charged with one other on a one count charge of murder of one Felix Okon Ita on 21st August, 2008 contrary to Section 326 (1) of the Criminal Code. The prosecution stated that the Appellant and another on 21st August, 2008 in the company of six others still at large attacked the deceased first at Odoro Ikpe Junction and later at Ndot Ikpe where the deceased died from matchet cuts and wounds inflicted on him with rods and stones. During the trial, the prosecution called 4 P.W.S and tendered 14 exhibits. The Appellants testified on their behalf and called just one witness, a medical practitioner and tendered 16 exhibits. The Appellant pleaded self-defence. At the end of the trial, the learned trial Judge found the 1st Appellant guilty of the offence of murd…

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