ARCHIBONG GEORGE USEN V. THE STATE

JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A. (Delivering the Leading Judgment):

This is an appeal against the judgment of the High Court of Akwa-Ibom State, Uyo Judicial Division, delivered on the 23rd day of June, 2014.

The appellant was co-accused at the trial for the murder of a local trader in Mbioto 11 Village, Etinan Local Government of Akwa Ibom State.

The evidence at trial was that the 1st accused was arrested while rummaging through the shop of the deceased who had gone missing a few days before then. He was taken to the police station and confessed that the deceased was murdered in the course of a burglary committed by him and some others which included the appellant. A search of his premises revealed items taken away from the scene of the alleged crime some of which belonged to PW1 and the rest to the deceased. The 1st accused led the police investigators to the residence of the appellant who was promptly arrested. Appellant insisted on his innocence and gave an alibi which was …