Etim Etim Udo V. The State (2018)

LAWGLOBAL HUB Lead Judgment Report

MARY UKAEGO PETER-ODILI, J.S.C.

This is an appeal against the judgment of the Court of Appeal Calabar Division or Court below or Lower court delivered on the 22nd day of June, 2015, Coram: Nwosu-Iheme, O. A. Otisi, S. O. Elechi JJCA dismissing the appellant’s appeal against the judgment of the trial High Court per Stephen E. Okon J. on a one count charge of murder contrary to Section 326 (1) of the Criminal Code Laws Cap. 38 Volume 2, Laws of Akwa Ibom State of Nigeria 2000. The appellant was the 5th accused before that trial Court.

BACKGROUND FACTS TO THE APPEAL:

The accused/appellant was arraigned along with others before the High Court, Akwa Ibom State sitting at Ikot Ekpene and the appellant was the 5th accused.

Between 23rd March 2004 and 16th July 2009, the matter was inconclusively tried by three (3) other judges. The appellant and his other co-accused persons were re-arraigned and fresh pleas were taken on the 16th July 2009 after more than five (5) years of their first arraignment.

The prosecution called three witnesses namely one Emem Adolphus Udoh as PW1; George

1

Essien Udofia as PW2 and Dr. Ido Friday a medical practitioner as PW3.

All the convicts including the appellant made extra-judicial statements to the police upon their arrest.

It is pertinent to stress that of all the statements made by the convicts, only the statements of the 1st, 2nd convicts and that of the appellant were admitted in evidence before the Court.

The 1st convict, Onyime George Udofia’s statement dated 6/7/2003 and 12/7/2003 respectively were admitted in evidence and marked Exhibits “C” and “B1″‘

The 2nd convict,Daniel Edem Daniel’s statement dated 06/07/2003 and 12/07/2003 respectively were admitted in evidence and marked Exhibits “C” and “C1″‘

The appellant, Etim Etim Udo’s statements dated 7/7/2003 And 15/7/2003 respectively were admitted in evidence and marked Exhibits “D” and “D1″‘

The prosecution’s case against the appellant is that he was amongst the accused persons who went to the house of one Okon Tom Akpan at about 10 p.m. and unlawfully killed him.