Ntaha V. The State (1972)

LawGlobal-Hub Lead Judgment Report

UDO UDOMA, J.S.C.

On 22nd march, 1972, we dismissed this appeal and we now give our reasons for doing so.

The appellant, Wilson Akpan Ntaha, was tried, found guilty and convicted of the murder of his wife, Unwa Ekpu (later deceased) contrary to Section 319 of the Criminal Code in the Ikot Ekpene Judicial Division of the High Court of the South -Eastern State. He was sentenced to death according to law. He appealed against his conviction to this court.

The case of the prosecution against the appellant would appear to be simple and straightforward. The facts found and relied upon by the learned trial Judge, Allswell-Uranta, Acting Judge, (as he then was), for the conviction of the appellant were these: Unwa Ekpu (deceased) until her death was the wife of the appellant and had six children by him. The appellant had a woman friend was in the habit of taking “things” from  the farm belonging to Unwa Ekpu and passing them on byway of gifts to the woman friend. That was what triggered off friction between the appellant and Unwa Ekpu (deceased). The appellant was angry that Unwa Ekpu should ever raise any objection to his association with the woman friend.

On 8th August, 1970, at 8 p.m. on the invitation of the appellant, Unwa Ekpu left her home and reluctantly accompanied the appellant on a journey, ostensibly to visit her sister’s husband alleged to be ill at Nkwo village. Since that fateful journey), Unwa Ekpu was never again seen alive in the village.

At about 8 a.m. on the 9th August, 1970, while Unwa Ekpu’s relations in the village were wondering what fate had befallen her, unknown to them, the appellant surrendered himself to the Police at Utu Etim Ekpo Police Station. He reported that he had matcheted his wife, Unwa Ekpu to death in the bush. He volunteered to take the Police to the locus in quo.

Corporal Effiong Akpan, (P. W. 7), who was detailed to investigate the case, went with the appellant to the locus in quo. He had three other constables with him. In the bush they found the corpse of a dead woman.
On examining it, Corporal Effiong Akpan (P. W. 7) observed matchet cuts on the back of the neck and on the back of the right palm. The appellant also produced and surrendered to the Police the matchet which he said he had used in cutting Unwa Ekpu.

On being arrested, charged and cautioned, the appellant volunteered a statement, Exhibit B1, in the proceedings in this case. The statement, Exhibit B1, was recorded by Corporal Effiong Akpan (P. W. 7), thumb -impressed by the appellant and attested to by the then Provincial Crime Officer, Deputy Superintendent James Ndon Asuquo (P.W.6).

As we consider, as did the learned trial Judge, the statement, Exhibit B1, of vital importance and most relevant on the issue as to how Unwa Ekpu (deceased) came to her death and the part played by the appellant in that regard, we reproduce the same in full hereunder. It reads:

“The deceased – Unwa Ekpu was my wife, whom my father married for me. She had six children for me. When she was still marrying me, I had a woman friend at Ikot Akpa Ntuen named Abigel Monday. I started the friendship during the month of May – last year. When my wife Unwa Ekpu knew about it, she was annoyed. Since that time, she told me to look for another wife because she was not going to marry me any longer. This year, someone came out to marry my daughter Atim Akpan but Unwa Ekpu told me not to collect any money on Atim’s head because she was not my daughter. I was annoyed over what the deceased told me. Since that time we were not in good terms. On Thursday, 6/8/70, the deceased abused me that I was a thief. Because of that I became much annoyed. Yesterday 8/8/70 at about 8 p.m., I went and called the deceased to accompany me to a place. She followed me to a bush where I matcheted her on the neck and head then she died. I left and slept in a bush that night. In the morning I reported myself to the Police at Utu Etim Ekpo.”

The story of the appellant having confessed to the killing of Unwa Ekpu was corroborated by Ekpuk Akpan Ntaha, (P.W.2), a son of the deceased, Atim Akpan Ntaha, (P.W.3), a daughter of the deceased, Akpan Eyop (P.W.4) and Peter Enwenwen (P.W.5). Furthermore; Akpan Eyop (P.W.4) and Peter Enwenwen (P.W.5) went with the Police to the scene in the bush where the body of the deceased was found and also witnessed the appellant surrender his matchet to the Police. Atim Akpan Ntaha (P.W.3) testified that the appellant was annoyed with the deceased because she objected to the appellant’s friendship with his woman friend while Ekpuk Akpan Ntaha (P.W.2) gave evidence of how his mother reluctantly accompanied the appellant on his journey and never returned alive.

Then there was the medical evidence. Dr. Edmondson Thompson  Akpabio (P.W.1) performed a post mortem examination on the body of Unwa Ekpu (deceased). According to him there was a very deep cut on the back of the neck very close to the base of the skull which severed through the whole musculature of the back of the neck cutting through the third cervical vertebra at the junction of the posterior arch with the body. There was another deep cut longitudinally on the back of the right hand between the 4th and 5th metacarpals, the shaft of the first metacarpal bone being cut close to its base at the carpo-metacarpal joint. These cuts were consistent with their having been caused by a sharp, hard instrument like a matchet. Death, in his opinion, was due to the cuts which resulted in considerable hemorrhage.

At the trial the appellant denied the charge of murder but admitted having made and thumb-impressed the confessional statement, Exhibit B1. The learned trial Judge took time to consider his judgment. Because of the importance he attached to the confessional statement, Exhibit B1, the learned trial Judge subjected the same to the requisite test prescribed by law on the principle which was long ago laid down in R v. Sykes (1913) 8 Cr. App. R. 233, and had no difficulty in coming to the conclusion that the confession “is consistent with other ascertained facts which had been proved.” In the result, he accepted the case of the prosecution and concluded his judgment in the following words:

“I, therefore, find as a fact that the accused killed the deceased and is guilty as charged.”
We were of the opinion that it was impossible to hold that this conclusion was unwarranted, unreasonable and could not be supported having regard to the evidence.

Mr. Akinrele, learned counsel for the appellant, rightly in our view, indicated to the Court that there was nothing he could usefully urge on behalf of the appellant.

We therefore dismissed the appeal as already stated.

SC.1/1972