GODWIN I. USEN V. THE STATE

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): The Appellant was charged before and convicted by the Cross River State High Court sitting at Calabar for the offence of murder punishable under Section 319(1) of the Criminal Code, Cap. C16, Vol. 111, Laws of Cross River State 2004. The charge was as follows:

"That you Godwin Ibanga Usen 'm' on the 2nd day of June, 2007 at No.45 Jebs road, Calabar in the Calabar Magisterial District did unlawfully killed one Juliet Godwin Usen 'f' by cutting her with a matchet and thereby committed an offence punishable under section 319(1) of the Criminal Code Cap. C16 Vol. III Laws of the Cross River State of Nigeria, 2004."

The facts from which the charge arose as contained in the record of appeal are that the Appellant had sharpened a matchet on the 1/6/07 which he later in the night of the same day and early hours of the following day, used and inflicted several injuries on his wife, one Juliet G. Usen with whom he slept in the same…