MARY UKAEGO PETER-ODILI, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Calabar Division of the Court of Appeal or Court below or lower Court, Coram: Chioma E. Nwosu-lheme, Stephen Jonah Adah and Joseph Olubumi Kayode Oyewole JJCA delivered on the 24th day of May, 2017 in which the Court below dismissed the appeal of the appellant and allowed the cross-appeal filed by the respondent substituting the life imprisonment imposed by the trial Court per G. Abraham J., for manslaughter with a sentence of death for murder. Presently, the appellant is serving the life imprisonment to which he was sentenced by the Court of trial at the Uyo Federal Prison.
The Appellant, PC IMO AKPAKPAN was charged before the Akwa Ibom State High Court of Justice, Itu Judicial Division on a lone issue charge of murder.
The case of the prosecution was that on the 5th day of August, 2010 along Nasarawa goat Market Road, Itam in Itu Judicial Division, the Appellant, PC IMO AKP…