MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the leading Judgment): This is an appeal against the judgment of M.D. Eneji, J. delivered on 20th September, 2006 at the Ikom Judicial Division of the High Court of Cross River State whereby the appellant was convicted and sentenced on a one count charge of the offence of murder.
The facts of the case are that on 26th day of November 2004, the appellant left Edor his village in Ikom Local Government Area to attend the burial of Late Gregory Awam at Nkonfab, a neighboring village. Between 10.00pm and 11pm, the appellant went close to the vicinity where PW1 an eye witness to the crime and some of his friends were sitting, and started smoking Indian hemp.
The deceased, Ajing Bisong who was serving food and drinks to PW1 and his friends, approached the appellant and told him to leave the area. A scuffle ensued and from the prosecution's account, the appellant brought out a jackknife and stabbed the deceased who shouted and collapsed. The appella…