M. BELLO, J.S.C. (Delivering the Leading Judgment): The four appellants were convicted in the High Court, Calabar, on a charge of murder of Monday Nimme and were sentenced to death on 20th June, 1975. One Effiong Efrede who was jointly tried with the appellants was acquitted of the charge. On 14th October, 1976, we dismissed the appeal of the 1st appellant and affirmed his conviction and sentence. We allowed the appeal of the three other appellants, set aside their convictions and sentences and directed that a verdict of acquittal and order of discharge be entered in respect of each of them. We now state our reasons.
The circumstances giving rise to the charge against the appellants are as follows: On 20th May, 1973, between 6-7.00 p.m., while driving his motor vehicle No.SE.705k on Oron-Eket Road, Monday Nimme knocked down a cyclist, Asuquo Esang, at Okosi village. The cyclist is a native of Oyubia village which is about a mile from Okosi. Monday Nimme stopped the vehicle and came ou…