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ETIM ETIM UDO v. THE STATE

(2018) JELR 20189 (SC)

Supreme Court  •  SC.155/2016  •  9 Feb 2018  •  Nigeria

Coram
OLABODE RHODES-VIVOUR JSC; MARY UKAEGO PETER-ODILI JSC; CLARA BATA OGUNBIYI JSC; AMIRU SANUSI JSC; SIDI DAUDA BAGE JSC;

Judgement

MARY UKAEGO PETER-ODILI, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal Calabar Division or Court below or Lower court delivered on the 22nd day of June, 2015, Coram: Nwosu-Iheme, O. A. Otisi, S. O. Elechi JJCA dismissing the appellant's appeal against the judgment of the trial High Court per Stephen E. Okon J. on a one count charge of murder contrary to Section 326(1) of the Criminal Code Laws Cap. 38 Volume 2, Laws of Akwa Ibom State of Nigeria 2000. The appellant was the 5th accused before that trial Court.

BACKGROUND FACTS TO THE APPEAL:

The accused/appellant was arraigned along with others before the High Court, Akwa Ibom State sitting at Ikot Ekpene and the appellant was the 5th accused.

Between 23rd March 2004 and 16th July 2009, the matter was inconclusively tried by three (3) other judges. The appellant and his other co-accused persons were re-arraigned and fresh pleas were taken on the 16th July 2009 after more than five (5)…

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