COKER, J.S.C. (Delivering the Leading Judgment): The appellant was charged and tried for murder contrary to section 319(1) of the Criminal Code. He was convicted by Alexander C.J. in the High Court, Calabar (South-Eastern State) and sentenced to death. He had appealed against his conviction.
The facts of the case on which the prosecution relied are simple. On the 5th July, 1969, one Akang Abang had invited some friends, including the deceased, Andor Akang, to a party in his house in Abiasu near Obudu in connection with the funeral obsequies of his deceased mother. In the course of the celebrations food was served and the accused, one Atin Andor and Andor Akang (later deceased) were all eating together when the accused got up and left the house. He was away for sometime but he returned later armed, however, with a cutlass. As soon as he entered the house of Akang Abang the accused attacked Andor Akang with his cutlass, struck him many times with it until he died on the spot. The accuse…