(1972) JELR 40032 (SC)    

Supreme Court  ·  SC.33/1972 ·  20 Oct 1972 ·  Nigeria
Other Citations
(1972) All N.L.R 800 (1972) 10 S.C (REPRINT) 33
TASLIM OLAWALE ELIAS Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria DAN IBEKWE Justice of The Supreme Court of Nigeria
Core Terms Beta
learned trial judge
1st prosecution witness
2nd prosecution witness
5th prosecution witness
3rd prosecution witness
ikang police station
rectal prolapse
right ear
sexual intercourse
cause of death
direct evidence
following ground
medical evidence
piece of stick
5th october
accused used exhibit
adim asuquo etim
adjoining room
atim ada
brain of the right temporal region of the skull
case of murder
charge no. c
circumstantial evidence
dead person
decision of the learned trial judge
early afternoon
evidence of ime lot udoh
following morning
high court of the calabar judicial division
ikang village
investigating police officer
learned judge
left shoulder
living person
married woman
medical officer
mr. f. o. akinrele
okon etim
p. o. e. bassey
possible causes
prosecution witnesses
question of the use
t. o. elias
use of exhibit

T. O. ELIAS, C.J.N. (Delivering the Leading Judgment): In charge No. C/52C/71 in the High Court of the Calabar Judicial Division held at Calabar on 10th January, 1972, P. O. E. Bassey, J., convicted the accused person of the murder of Arit Edet Sambo on 5th October, 1970, at Ikang Village, contrary to section 319 (1) of the Criminal Code of the former Eastern Nigeria.

The facts are as follows. One day, at about 3 p.m. in the early afternoon, the accused, a trader living at Archibong Ok on Street, Ikang, Calabar, was visited in his room by the deceased, a married woman whom he described as his trading customer. After both had been together in the room for a while the accused said that the deceased asked for water, after taking which she began to "tremble" and soon fell down suddenly on her left shoulder vomiting as she lay on the floor. The accused said that he went to the room of his co-tenant, Okon Etim (1st prosecution witness) to invite him to come and see what was happening. The …

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