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SUNDAY UBOM (dead) & ORS V. THE STATE

(1972) JELR 41832 (SC)

Supreme Court  •  SC.48/1972  •  27 Oct 1972  •  Nigeria

Coram
TASLIM OLAWALE ELIAS JSC; ATANDA FATAYI-WILLIAMS JSC; DANIEL O. IBEKWE JSC;

Judgement

A. FATAYI-WILLIAMS, J.S.C (Delivering the Leading Judgment): In the High Court at Uyo, the five accused persons were charged with murder contrary to Section 319 of the Criminal Code of the South- Eastern State. The particulars of offence stated that on the 18th day of December, 1969, at the Ute Etok/lkot Asute Swamp, Opobo, they murdered one Udo Udo Ekpo.

The first accused was reported dead before the trial was concluded. The remaining four accused persons were, however, found guilty of the offence on 9th February, 1972, and sentenced to death. Their appeals to this Court against their convictions were dismissed on 28th September, 1972, and we now give our reasons for doing so.

Briefly stated, the case for the prosecution is this. At about 7 a.m. on 18th December, 1969, Okon Nung Nung (P.W.3) went to his father's swamp, called Mbat Udo Obobom, at Ute Etok to tap palmwine. He was accompanied by Udo Udo Ekpo, the deceased. On reaching the swamp, P.W.3 climbed up a palmtree while the dec…

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