ONYEKACHI A. OTISI, JCA (DELIVERING THE LEADING JUDGMENT): This is an appeal against the judgment and sentence of the Cross River State High Court of Justice, Ikom Judicial Division delivered on 22nd March, 2013 in Charge No HM/26C/2011 in which the Appellant was convicted and sentenced to death by hanging.
The Appellant and the Deceased, one Nelson Aje, had a dispute over land situate at Enyenghe Forest, Balep, in Ikom Local Government Area of Cross River State. The contentions were as to the boundary marks of their lands and as to which portion of the land was owned by each of them. In the course of these contentions, the Appellant alleged that the deceased chased him and his son with a machete which compelled the Appellant to defend himself by shooting the deceased with a gun.
The Appellant was charged with murder, punishable under Section 319(1) of the Criminal Code Law Cap C.16 Vol. 3 Laws of Cross River State, 2004. At the trial, the prosecution called 2 witnesses, and tendered …