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AKPAN
V.
STATE

(2000) JELR 52662 (CA)

Court of Appeal 11 May 2000 Nigeria
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- The appellant and Mrs. Regina Ukpong were charged with murder and being an accessory after the fact to murder. - The incident occurred at a disco dance where the appellant threatened to kill the deceased. - Witnesses saw the appellant run

Case Details

Suit Number:CA/E/128/91 .
Judges:D. ONYEJIFE EDOZIE, JCA OKWUCHUKWU OPENE, JCA SIMEON OSUJI EKPE, JCA
Counsel:O. R. Ulasi, Esq. for the Appellant; C. J. Udoh, Esq., S.C. Ministry of Justice, Uyo for the Respondent.

EDOZIE, JCA (Delivering the Lead Judgment): The appellant on record and Mrs. Regina Ukpong as the 1st and 2nd accused persons respectively were arrainged before the Akwa Ibom State High Court, sitting at Eket on a two-count information with the following offences:-

Statement of offence - Count I :

Murder : Contrary to section 319(1) of the Criminal Code

Particulars of offence: Akpan Ben Akpan, alias “one one” alias “one way” on the 1st day of October, 1987 at Abat, Eket, in the Eket Judicial Division unlawfully killed one Samuel Udo Samuel.

Statement of offence - Count II:

Accessory after the fact to murder contrary to section 322 of the Criminal Code.

Particulars of offence:

REGINA UKPONG (Mrs.) on the 4th day of October, 1987, at Ikot Akpatek, Eket, in the Eket Judicial Division, with the knowledge that Akpan Ben Akpan is guilty of murder, received him into your house in order to enable him escape arrest and subsequent punishment.”

The incident leading to the above information …

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