EDET AKPAN V THE STATE

(1986) JELR 80232 (SC)

Supreme Court · SC. 159/84 · 16 May 1986 · Nigeria
·

Other Citations

(1986) NWLR (PT 27) 225

CORAM

KAYODE ESO, J.S.C. (Presided and Read the Lead Judgment) MUHAMMADU LAWAL UWAIS, J.S.C. DAHUNSI OLUGBEMl COKER, J.S.C. ADOLPHUS GODWIN KARIBI-WHYTE, J.S.C. CHUKAWUDIFU AKUNNE OPUTA, J.S.C.

Core Terms ^Beta

appellant

appeal

court

counsel

evidence

learned trial judge

criminal procedure law

reasonable time

fair hearing

submission of no case

trial court

accused person

court of appeal

mr. sofunde

no-case submission

questions

trial judge

grounds of appeal

constitutional right

prima facie case

1st prosecution witness

close of the prosecution case

further questions

said principles

whole of the evidence

call evidence

case of the appellant

close of the evidence

close of the prosecution case.learned counsel

correct procedure

counsel rests

criminal trial

cross river state

deceased person

double-barreled gun

evidence of p.w.1

full panel of this court

lead judgment

learned justice of appeal

leave of court

mr. richard efa

oral arguments

ordinary panel of this court

provision of section

p.w.2

resumed date

s.287 of the criminal procedure law

took part

trial high court

whole case

ESO, J.S.C. (Presiding and Delivering the Lead Judgment): On Thursday. 27th February 1986, this appeal came before this Court, and having read the briefs filed by learned counsel, and listened to oral arguments, we dismissed the appeal, but reserved our reasons till today. I now give my reasons for dismissing the appeal.

The facts are short and I will state them herein. The Appellant had shot, and in the process, killed one Edet Etim Akpan. sometime in June 1980. The deceased and the 1st prosecution witness, one Offiong Etim Ekpenyong were servants to the Appellant. The Appellant had sent three people - the deceased, the witness and one Asuquo out in 20th June to buy cement. 1st prosecution witness drove the vehicle. They had a brush with the police who eventually towed the vehicle to the Local Government Office. The witness however did not submit the keys to the police who. after some further altercation, left and re-emerged with a bunch of keys which the police claimed they got from …