HAMMA AKAWU BARKA, JCA (Delivering the Leading Judgment): The appellant was on the 22/6/2016 arraigned before the Akwa Ibom State High Court, Itu Judicial Division before the Hon. Justice Edem Akpan charged with Burglary contrary to section 431 (1) (a) and (2) of the Criminal Code, Cap. 38, vol. 2 of Akwa Ibom State of Nigeria 2000 and stealing contrary to Section 408 of the Criminal Code Cap. 38 vol.2, Laws of Akwa Ibom State of Nigeria, 2000.
Having pleaded not guilty to the two count charge read out to his understanding, the Prosecution proceeded and called four witnesses, and in the process tendered exhibits and closed its case. The appellant thereafter gave evidence in his defense and closed his case.
At the close of evidence, the court proceeded to consider the totality of the evidence before it and on the 26th of January, 2017 rendered the vexed judgment, convicting the appellant of Burglary and stealing and thereby sentenced him to 10 years imprisonment with hard labour in respe…