Akpan Udo V. The State (1981)

LawGlobal-Hub Lead Judgment Report

 U. UDOMA, J.S.C. (Delivering the Leading Judgment): Appeal dismissed. No merit.

A.G. IRIKEFE, J.S.C.:This appeal clearly lacks merit. The record shows that the appellant was convicted on credible evidence indicating that he had killed two of his wives on grounds which at best, could only be described as tenuous.The evidence produced was believed and accepted by the trial court. I am satisfied that counsel were right in saying that they had nothing to urge in favour of the appellant.Accordingly, I would dismiss this appeal.

M. BELLO, J.S.C.:  I agree, the appeal has no merit. The appellant took his two wives to the bush and returned home alone, packed his baggage and disappeared. The following day the corpses of his two wives were found butchered to death. His explanation, which was rejected by the trial court; was that he had left the wives at home and went in search of treatment for poison. He was arrested by the police in another village about two months after his disappearance. The circumstantial evidence is overwhelming. I agree the appeal should be dismissed.

A.N. ANIAGOLU, J.S.C.:  This case was struck out by the Federal Court of Appeal. Without dealing with the order striking out the appeal, and going strictly on the merits, I agree that the appeal is unmeritorious. The appellant took his two wives to their cassava farm and, there, beheaded each one. The death of the first wife, Ikwo Udofia, was the subject of these proceedings at the Uyo High Court. There was absolutely no defence in law to the murder and no extenuating circumstances in favour of the appellant who immediately after the murder ran away to Ikot Okpora, where he was later apprehended. I would dismiss the appeal, and hereby dismiss it.

M. L. UWAIS, J.S.C.:  I agree that there is no substance in this appeal. I will accordingly dismiss it and it is hereby dismissed. ?

Other Citation: (1981) LCN/2008(SC)