A. FATAYI-WILLIAMS, J.S.C. (Delivering the Leading Judgment): In Charge No. H1/40C/71, the appellant was convicted in the High Court, Ikot Ekpene, on the 21st March, 1972, of the murder of his Uncle, Dick Ukut, and sentenced to death by Ita, J.
The case for the prosecution is that the appellant and his brother Okon Akpan Udo Ukut (2nd D.W.) had a dispute over a piece of land with Dick Ukut (the deceased) and the deceased's brother, Noah Ukut (4th P.W). The deceased had planted oil palm trees on some portion of the land and cassava on another portion. The appellant and his brother went and destroyed some of the oil palm trees and uprooted the cassava trees. Annoyed with what they had done to his trees and crops, the deceased lodged a complaint in the Customary Court at Ikot Udo Afaha Obo against the appellant and his brother. The appellant's brother (2nd D.W) was duly arrested and brought before the Customary Court. As the appellant was then away to Port Harcourt to sell palm oil, he c…