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SOLOMON IBORO SANDY v. THE STATE

(2017) JELR 37328 (CA)

Court of Appeal  •  CA/C/49C/2016  •  12 Jul 2017  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; STEPHEN JONAH ADAH JCA; JOSEPH OLUBUNMI KAYODE OYEWOLE JCA;

Judgement

JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A.(Delivering the Leading Judgment): This is in respect of an appeal against the judgment of the High Court of Akwa Ibom State, Uyo Judicial Division delivered on the 27th of January, 2016 by OKON, J convicting the Appellant for the offence of murder and sentencing him to death.

The antecedent facts were that sometimes on 1st June, 2014, the deceased, one Godwin George Udofia had a minor altercation with one of the brothers of the Appellant, Ndifreke Iboro Sandy upon which according to PW1, the only eye witness who testified at the trial, the said Ndifreke Iboro Sandy made a phone call and the Appellant and another of his brothers Idara appeared at the scene. According to PW1, Appellant brought out an axe he had concealed under his dress and struck the deceased twice on the head with it while Idara and Ndifreke used iron rod on him. The deceased cried out while PW1 took to his heels out of fear for his life. The deceased did not die on the spot but m…

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