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UDO AKPAN UDOFIA V. THE STATE

(1988) JELR 42808 (SC)

Supreme Court  •  SC.132/1987  •  1 Jul 1988  •  Nigeria

Coram
KAYODE ESO JSC; ADOLPHUS GODWIN KARIBI-WHYTE JSC; CHUKWUDIFU AKUNNE OPUTA JSC; ABDUL GANIYU OLATUNJI AGBAJE JSC; EBENEZER BABASANYA CRAIG JSC;

Appearances
Mr. Jide Oki (with him O. Ogundipe) For Appellant Mr. U.E. Essang, D.P.P. Akwa Ibom State For Respondent

Judgement

OPUTA, JSC (Delivering The Leading Judgment): On the 19th day of May, 1988, the Court allowed this appeal, ordered a retrial and indicated that reasons for judgment will be given today the 1st day of July, 1988. Hereunder are my reasons.

This case is important because it exposes the laxity and lack of seriousness of some young members of the profession. It mirrors and reflects the general and steady decline in the standard of professional responsibility required of counsel defending an accused person on the gravest of all charges - murder - attracting the death penalty. On the 24th June, 1988, this Court delivered judgment in Sc. 124/1987: Michael Udo Udo v. The State (1988) 3 NWLR (Pt. 82) 316. There, the counsel defending the accused charged with murder was conspicuously absent when 2 important witnesses testified. His cross-examination on the days he was present was feeble and half-hearted. When ultimately called upon to deliver his final address all he said was - "I leave the mattโ€ฆ

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