ISONG AKPAN UDOEBRE & ORS V. THE STATE

ACHIKE, JSC (Delivering the Lead the judgment): The three appellants were arraigned on a one-count charge for murder at the High Court of Justice, Akwa Ibom State presided over by Eka, J. At the close of evidence and addresses by counsel on both sides, the learned trial Judge, in a considered judgment, respectively convicted the appellants for murder and sentenced them to death, while he discharged and acquitted the 4th accused. The appellants’ appeals to the Court of Appeal, Calabar Division, were unanimously dismissed while the sentences of death passed on them were confirmed. Still dissatisfied, the appellants have appealed to this Court. The facts of this case lie within a narrow compass and would be recapitulated hereunder. Sometime on 3rd April, 1990, at the Ekoi Ikot Nyoho village, two children aged between 8 and 9 years respectively, testified herein as PW1 and PW3 that while playing in their compound with other children, they saw the 1st appellant in the company of seven ot…