ODUOK DANIEL JIMMY V. THE STATE

NWALI SYLVESTER NGWUTA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment delivered by the High Court of Justice, Akwa Ibom State, Eket Judicial Division on 30/3/06.

Appellant was charged with murder contrary to Section 319(1) of the Criminal Code Cap 31 Vol. 2 Laws of Cross River State as applicable in Akwa Ibom State.

The particulars of the offence charged read as follows:-

"Oduok Daniel Jimmy on the 5th day of December, 1998 at Effoi Village, Eket, in the Eket Judicial Division unlawfully killed Aniefiok Joseph Bassey."

Appellant joined issues with the state, before Okon J. on 22/3/2000. After calling five witnesses the State closed its case on 7/8/2002.

The appellant testified in his defence and called one other witness, DW2.

The case was adjourned many times for the defence to call its 3rd witness but no 3rd witness came to testify.

On 16/2/2005 learned Counsel for the appellant informed the trial Court that "There is no need to call Dw3. I announ…