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MR. GODWIN NYONG UDOFIA v. THE STATE

(2016) JELR 8266 (CA)

Court of Appeal  •  CA/C/235C/2014  •  22 Jun 2016  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; CHIOMA EGONDU NWOSU-IHEME JCA; ONYEKACHI AJA OTISI JCA;

Judgement

IBRAHIM MOHAMMED MUSA SAULAWA, JCA (Delivering the Leading Judgment): The instant appeal is against the judgment of the High Court of Akwa Ibom State, delivered on October 14, 2013 in charge No. HU/36c/2011. By the said judgment, the Court below Coram Godwin J. Abraham, J; convicted and sentenced the Appellant to death by hanging for murder, contrary to Section 326(1) of the Criminal Code Cap. 38 Volume II, Laws of Akwa Ibom State of Nigeria, 2000.

BACKGROUND FACTS

On November 14, 2011, the Appellant was initially arraigned before the Court below upon a one count charge of murder, to wit.

STATEMENT OF OFFENCE

MURDER, contrary to Section 326(1) of the Criminal Code, Cap. 38 Volume II, Laws of Akwa Ibom State of Nigeria.

PARTICULARS OF OFFENCE

GODWIN NYONG UDOFTA on the 20th day of February, 2011 at Ikpa village in Uruan Local Government Area in the Uyo Judicial Division murdered, EMEH OKON OKODIO.

Not unnaturally, when the charge was read and explained thereto, the Appellant pleaded not guil…

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