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Essien Okon Umoren v. The Queen

(1963) JELR 41867 (SC)

Supreme Court  •  F.S.C.244/1963  •  6 Dec 1963  •  Nigeria



BAIRAMIAN, J.S.C. (delivering the judgement of the Court)-The appellant was tried with another man in the High Court of Eastern Nigeria on a count of murdering one Ndarake Essien Akpan on 2nd June, 1962, at Ikot Obong Itu in the Calabar Division. The case was heard at Uyo by Balonwu, J., who acquitted the other man and convicted the appellant on 12th June.

About 7 p.m. on the day in question the deceased was riding a bicycle carrying one Ndarake Jackson (p.w. 3); and Asibong Akpan (p.w. 2) was following behind. They rode past two other cyclists, namely James Ekop Udofia and Accused No.2 (the man who was acquitted). These two caught up and rode past them, and James collided with the deceased, whose bicycle got bent, and who asked James to stand the cost of repairing it. Angry words were exchanged, and James carrying up the deceased knocked him down and pressed him down. The deceased fell head downwards. Accused No.2 ran into a house near by, whilst Jackson (p.w. 3) was trying to separa…

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