IBIYEYE JCA (Delivering the Lead Judgment): The appellant was arraigned before Udofia J of the Calabar Judicial Division of the Cross
River State High Court of Justice on a one count charge of the murder of one Akanimo Jacob Edohocontrary to section 319(1) of the Criminal Code. He pleaded not guilty to the charge. The events which led to the murder charge as gleaned from the record of appeal are narrated by three witnesses apiece for the prosecution and the defence. They are saliently as follows: the PW1, OkonJacob Edoho, the father of Akanimo Jacob Edoho, the deceased, of No. 8, Esin Ufot Street, Eket testified that the appellant on 30/10/83 took away the walking stick of the deceased without his permission. The deceased asked the appellant to return the walking stick but the appellant refused to do so. A struggle thereafter ensued between the deceased and the appellant whereby the former recovered his walking stick from the latter but not without reprimand from the latter. The appe…