AKPAN
V.
THE STATE

(1972) JELR 44436 (SC)    

Supreme Court  ·  SC.355/1971 ·  14 Apr 1972 ·  Nigeria
 · 
Other Citations
AKPAN v. THE STATE (1972) 4 S.C.
CORAM
TASLIM OLAWALE ELIAS Justice of The Supreme Court of Nigeria IAN LEWIS Justice of The Supreme Court of Nigeria UDO UDOMA Justice of The Supreme Court of Nigeria
Core Terms Beta
wife
accused
evidence
fact
2nd p.w.
ben timothy
learned trial judge
police station
3rd p. w.
sworn evidence of a child
unknown person
3rd p.w.
aaron akpan
akpan akpan ife-enyin
basis of the quarrel
circumstances of any particular case
complete separation of the nasal bone
deep cut
deep transverse incise wound
evidence of the prosecution witnesses
eye witness
following terms
general hospital
goddard lcj
half brother of the accused
high court
ikot akpan eteduo
inadequate cross-examination
j.s.c
junior brother udo aaron
junior sister akon aaron
leading judgment
line of defence
medical officer
mr. akinrele
murder case
murder of grace aaron
nature of an oath
occipital bone
old son
police officer
post-mortem examination
shouts of my mother
sir i. lewis
state counsel
subsequent belief
sworn evidence of the only eye witness
uncorroborated evidence of young boys
zygomatic arches

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…

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