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NTAHA v. THE STATE

(1972) JELR 41796 (SC)

Supreme Court  •  SC.1/1972  •  7 Apr 1972  •  Nigeria

Coram
TASLIM OLAWALE ELIAS JSC; IAN LEWIS JSC; UDO UDOMA JSC;

Judgement

UDO UDOMA, J.S.C. (Delivering the Leading Judgment): On 22nd march, 1972, we dismissed this appeal and we now give our reasons for doing so.

The appellant, Wilson Akpan Ntaha, was tried, found guilty and convicted of the murder of his wife, Unwa Ekpu (later deceased) contrary to Section 319 of the Criminal Code in the Ikot Ekpene Judicial Division of the High Court of the South -Eastern State. He was sentenced to death according to law. He appealed against his conviction to this court.

The case of the prosecution against the appellant would appear to be simple and straightforward. The facts found and relied upon by the learned trial Judge, Allswell-Uranta, Acting Judge, (as he then was), for the conviction of the appellant were these: Unwa Ekpu (deceased) until her death was the wife of the appellant and had six children by him. The appellant had a woman friend was in the habit of taking "things" from the farm belonging to Unwa Ekpu and passing them on byway of gifts to the woman frieā€¦

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