Andrew Ayedatiwor V The State (2018)

LAWGLOBAL HUB Lead Judgment Report

OLUKAYODE ARIWOOLA, J.S.C.

This is an appeal against the judgment of the Court of Appeal, Calabar division, hereinafter referred to as Court below or lower Court, Coram: Ndukwe Anyanwu, JCA; C.C. Nweze, JCA; and O. A. Otisi, JCA; delivered on 21st day of May, 2014, which affirmed the appellant’s conviction and sentence for the offence of murder by the trial Court, handed down on 27th October, 2009 by Charles U, Ekpe, J. of the Akwa Ibom State High Court, Oron Judicial Division, hereinafter referred to as trial Court.

The appellant and one Segun Akinlolu had been charged before the High Court of Akwa Ibom State, Oron Judicial Division on one count of murder.

Upon their arraignment before the trial Court, the accused pleaded not guilty to the charge and the case later proceeded to trial. The prosecution called two witnesses and tendered two documents marked exhibits 1 & 2 respectively.

PW1 – Edward Agabi was the investigating Police Officer (IPO). He testified that he was serving at Ewang, Mbo Local Government area when the incident in

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question took place and he was detailed to investigate the case against the two accused persons and one other who later died. The case of murder was originally reported at Oron Police Station but later transferred to Ewang Divisional Police Station for investigation. Having contacted the complainant, one John Effiong (alias Bassey John), he visited the police station on 5th October, 1993 to inform him that he received information that those who stole the engine boat which led to the alleged murder of Okon Uyeh had been arrested and were been detained in Abonima. He proceeded to Abonima Mame Police Post where he met the accused persons. They made statement and admitted that they stole the outboard engine and boat. The complainant had earlier identified the accused persons as those who attacked him and others on the high sea and then seized their boat and stabbed the deceased. The matter was later transferred to the Police Headquarters, Uyo.

At the police headquarters, he rearrested the accused persons, cautioned them in English language and each volunteered a statement in English language which he recorded. He read the said statement

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over to each of them and each signed his respective statement as correct. He countersigned as recorder. The case was that, the accused persons were passengers in a speed boat driven with the deceased Okon Uyeh, in the High sea. The accused attacked the deceased and other occupants of the said speed boat. The deceased was stabbed and thrown into the sea with one Eteyen and later carted away the speed boat. The complainant had, upon seeing what was happening, by himself jumped into the sea along with another passenger of the boat. The two were later rescued by the fishermen on the sea. The said sea boat was being powered by a 75 horse power outboard engine. The corpses of the deceased Okon Uyeh and Eteyen were later recovered and deposited at the hospital where a Post Mortem examination was carried out on the corpses. The post mortem report was tendered and admitted as ID.1 by the trial Court. The statement of the 1st accused was produced and tendered in evidence but an objection was raised by the defence. The trial Court later conducted a trial within trial to determine the admissibility and voluntariness of the statement. In a

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considered ruling of the trial Court on 14th February 2007, the objection was overruled and the statement was held to be voluntary confession of the 1st accused – Segun Akinlolu and same was admitted in evidence and marked Exhibit 1.

On the 28th February, 2007 when the trial proceeded, the statement of the appellant was tendered by the IPO and as there was no objection, same was admitted in evidence and marked Exhibit 2. PW1 however admitted under cross examination that he did not take the accused persons before a superior Police officer after obtaining their respective confessional statements.

PW2, one John Effiong, alias Bassey John was the complainant. He was a trader, selling clothing materials in Cameroun. He was returning from Cameroun on 25th September, 1993 and had boarded a flying boat where he acted as conductor to the boat. With two other persons and the driver they were four persons in the boat.