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PIUS EDEM UDO V. STATE

(2006) JELR 15712 (SC)

Supreme Court  •  SC.83/2005  •  16 Jul 2006  •  Nigeria

Coram
SYLVESTER UMARU ONU JSC; UMARU ATU KALGO JSC; IGNATIUS CHUKWUDI PATS-ACHOLONU JSC; ALOMA MARIAM MUKHTAR JSC; FRANCIS FEDODE TABAI JSC;

Judgement

A. M. MUKHTAR, JSC (Delivering the Leading Judgment): The offence for which the appellant was charged and convicted was the murder of one Sunday Okon Udoette, on 21st of February, 1995 at Odukpani in Calabar Judicial Division, contrary to section 319(1) of the Criminal Code. The charge was read and interpreted to the appellant in Efik language. The prosecution called seven witnesses to prove its case and the appellant gave evidence in his defence. The prosecution's case was that the appellant having suspected that a servant of the deceased stole his cassava and farm tools, went to the deceased's house to complain and to ask for his hoe and axe, and in the process threatened to use matchet on him. The deceased retorted that the matter did not concern him, so he should report his servant to the police. The deceased left for the bush, but never came back alive. The appellant was later seen by the witnesses who were present during the threat, coming from the direction of the path the deceā€¦

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