A. FATAYI-WILLIAMS, J.S.C.(Delivering the Leading Judgment): On 3rd March, 1972, Ete J., in the Uyo High Court convicted Monday Akpan Matthew of the murder of Unwa Nko Udo Nkantin in Charge No. HU/35C/1971. We dismissed his appeal against the conviction on the 28th of September, 1972, and now give our reasons for so doing.
The facts which the learned trial Judge accepted are as follows. On Sunday, 19th April, 1970, at Ikot Esua in Uyo, Jonah Udo Edemeka (2nd P.W) heard an alarm which appeared to come from his father's old homestead not far away. On getting there, 2nd P.W saw the accused attacking his (accused's) wife with a matchet. At that stage, the wife was unable to speak or shout. He also saw the wife's mother running towards them in the old homestead. When he saw his mother-in-law, the accused left his wife and turned on her. As she was unable to escape because of a bad leg, the accused attacked her with his matchet as well. When the 2nd P.W tried to intervene, the accused warne…