AKPAN
V.
THE STATE

SIR I. LEWIS, J.S.C (Delivering the Leading Judgment): On the 5th of November, 1971, Aaron Akpan was convicted by Ete J. In the High Court, Uyo in Charge No. HU/7C/71 of the murder of Grace Aaron (his wife) on the 22nd of June, 1970 at Ikot Akpan Eteduo, Opobo and sentenced to death. On the 22nd of March, 1972 we dismissed his appeal therefrom and now give our reasons for so doing.

There was only one eye witness to the killing and that was the 3rd P.W., the 10 year old son of the deceased and the accused, who, after the learned trial Judge had examined him and was satisfied that he understood the nature of an oath, was duly sworn and said in his evidence that on Sunday, the 21st of June, 1970, he returned home at about 6 p.m. and found his mother, the deceased, and his father, the accused, quarreling and his evidence as to what took place thereafter was:

"I saw my father throw native juju called "Mbiam" on my mother. After this mother gave him food and he ate it. Then my father went t…