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MATTHEW V. STATE

(2021) JELR 106869 (CA)

Court of Appeal  •  CA/C/424C/2018  •  12 Feb 2021  •  Nigeria

Coram
MOJEED ADKUNLE OWOADE, JCA JAMES SHEHU ABIRIYI, JCA MUHAMMED LAWAL SHUAIBU, JCA

Judgement

MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Akwa Ibom State sitting in Uyo Coram Hon. Justice Ifiok E. Ukana delivered on 13th January, 2017 wherein the appellant was convicted for murder and sentenced to death by hanging.

The appellant was arraigned before the lower Court on one count charge of murder under Section 326 (1) of the Criminal Code Cap. 38 Vol.2 Laws of Akwa Ibom State of Nigeria. It was alleged that the appellant stabbed the deceased with knife on his chest and thereby causing the death of the said deceased person, Otobong Mfon Asuquo.

The accused person pleaded not guilty to charge and the case went into full blown trial in which the prosecution called two witnesses and tendered several documentary exhibits including appellant's confessional statements, photographs of the deceased as well as the composite documents relating to the autopsy conducted on the deceased.

​The accused person testified …

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