The State V. Raphael Ifiok Sunday (2019)

LAWGLOBAL HUB Lead Judgment Report

JOHN INYANG OKORO, J.S.C.

This appeal is against the judgment of the Court of Appeal, Calabar Division delivered on 17th January, 2013 wherein the lower Court set aside the conviction and sentence to death of the appellant by the Trial High Court of Akwa Ibom State. The appellant was convicted for the murder of his father, Norbert Sunday on or about the 2nd day of April, 1996 at No. 81A Ikpa Road Uyo, Akwa Ibom State. The facts of the case may be summarized as follows: –

The Respondent herein, Raphael Ifiok Sunday was charged at the High Court of Akwa Ibom State with one count of murder of his father, one Norbert Sunday, contrary to Section 319(1) of the Criminal Code.

The particulars of offence charged read as follows:-

“Raphael Ifiok Sunday on or about the 2nd April, 1996 at No. 81A Ikpa Road, Uyo Judicial Division murdered Norbert Sunday.”

The complainant, Etim Udah, Deputy Family Head of Nnung Ibanga Ekpa of Afaha Oku Village, Uyo, made two statements to the police on the 7th April, 1996 and on the 12th April, 1996, which are contained at pages 9, 10 and 11 of the record.

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On the 2nd December, 2004, he testified in Court as the first Prosecution witness (PW1) and his evidence is contained on pages 30 to 32 of the record.

Other prosecution witnesses were Edem Udofia Ibanga (PW2), Family Head of Nnung Ibanga, Sergeant Asuquo Essien (PW3) and Edet Effiong Udo (PW4) whose statements to the police and evidence at the trial are all contained at pages 12 through to 14 of the record.

The facts upon which the charge was brought was that on the 6th April, 1996 the Respondent went to the house of PW1 and reported that he had not seen his father for 5 days. Upon inquiry by PW1, the Respondent told him that his father was not sick and that he had not reported the fact of his being missing to his family members. PW1 advised the Respondent to inform his family members and together they went to their family head who convened a family meeting where the matter was discussed. The family head gave the Respondent three days to search for his father and report back to them. On the 3rd day when the Respondent reported that he still could not find his father, the matter was referred by the family to the village head, Obong Akpan Essien Ekpe.

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When questioned by the village head as to the whereabouts of his father, the Respondent said that he suspected that his father was in a pit toilet owned by one Akon Ibanga, the deceased’s brother’s wife. The matter was reported to the police. The Respondent then led the police to the pit toilet where the corpse of his father was found. The police visited the house of the deceased and found his room filled with faeces. A blood soaked shirt belonging to the deceased was recovered.

On Wednesday 3rd April, 1996, Edem Udofia Ibanga, the family head of Nnung Ibanga (PW2), went to visit the deceased in his house. He knocked on the doors to the deceaseds room and that of the Respondent. There was no response from the deceased’s room. The Respondent later showed up and was asked by PW2 of his fathers whereabouts. The Respondent shouted at PW2 and pushed him out of the compound. PW2 testified to the fact that the Respondent had in the past told him that he would kill his father alleging that his father was a wizard. He stated that the Respondent in the past subjected his father to beatings and stabbings and that although the matter was reported to

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