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SANUSI, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Calabar division delivered on 8th day of November, 2012 which set aside the conviction of the respondent for murder of one Friday Udo Udo.
Facts:
The facts upon which the respondent was charged were that the accused person including the appellant on the 25th of November were alleged while armed with sticks, matchete and went to the house the deceased and surrounded. On sighting them, the deceased ran out to the house of one Ime Akpan offiong, some 200 metres from the deceased’s house. The accused persons were alleged to have pursued the deceased to the house of the said Ime Akpan and forcibly brought out the deceased and beat him to death.
Upon being arraigned, all the accused persons including the respondent pleaded not guilty and they all raised the defence of alibi. At the trial the prosecution called witnesses; and tendered 8 exhibits while the respondent and the co-accuse…