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EKPO OBONGHA MBANG V. THE STATE

(2009) JELR 47404 (CA)

Court of Appeal  •  CA/C/104/2007  •  16 Mar 2009  •  Nigeria

Coram
KUMAI BAYANG AKAAHS JCA; JEAN OMOKRI JCA; THERESA NGOLIKA ORJI-ABADUA JCA;

Judgement

THERESA NGOLIKA ORJI-ABADUA, J.C.A (Delivering the Leading Judgment): The Appellant and one Joseph Ubi Igri were arraigned before the High Court of Cross River State, in the Ugep Judicial Division, Holden at Ugep on 13/6/02 for the murder of one Mary Obongha Inah contrary to section 319(1) of the Criminal Code Law of Cross River State.

During the trial, the prosecution called six witnesses while the Appellant did not call any but testified only for himself. At the end of the trial, the Appellant was found guilty as charged and sentenced to death by hanging by the neck until he be dead. The Appellant was gravely troubled and dissatisfied by the pronouncements of the trial Court that, as a result, he filed this appeal which was founded on three grounds.

In the Appellant's Brief of Argument which was settled by Monday Udo Esq. But adopted before this Court by Mrs. Dorathy Ufot, two issues were distilled for determination of this Court. They are:-

"1. Whether in all the circumstances of t…

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