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NSE UDO NTITA v. THE STATE

(1993) JELR 41363 (SC)

Supreme Court  •  SC.316/1991  •  5 Mar 1993  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; ABUBAKAR BASHIR WALI JSC; IDRIS LEGBO KUTIGI JSC; EMMANUEL OBIOMA OGWUEGBU JSC; SHEHU USMAN MOHAMMED JSC;

Judgement

KUTIGI, J.S.C. (Delivering the Leading Judgment): In the High Court of Cross-River State holden at Ikot Abasi, the appellant was charged as follows -

"Statement of Offence

Murder contrary to Section 319(1) of the Criminal Code.

Statement of Offence

Nse Udo Ntita (alias) Nse Akpan Ekpo on the 12th day of May, 1979 at Ikot Aba in the Ikot Abasi Judicial Division murdered Okon John Okpoho."

He pleaded not guilty to the charge. The prosecution called a total of five witnesses to prove its case while the appellant testified in his own defence but called no witnesses. The facts on which the prosecution relied and the events which led to them may be summarised as follows -

In the night of 12th day of May, 1979, neighbours of the appellant including his father (P.W.1) were awakened from sleep by unusual shouts by the appellant calling on "God of Sabbath; Power of Sabbath" uncountable times. When the appellant saw his father, the appellant asked him for forgiveness. The appellant also as…

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