UBONG EFFIONG JAMES V. THE STATE

JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A.(Delivering the Leading Judgment): This in respect of an appeal against the judgment of the High Court of Akwa Ibom State, Uyo Judicial Division delivered on the 30th day of March, 2012 by Imeh Umanah 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:

Ubong Effiong James on the 8th November, 2008 at Idu Uruan Local Government in Uyo Judicial Division murder Mfon Etim Asuquo.

The appellant pleaded not guilty to the charge and at the trial the prosecution called 3 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, convicted and sentenced him accordingly.

Exercising his right of appeal, the appellant filed a Notice of Appeal on the 6th of June, 2012 containi…