EYO
V.
THE STATE

(2009) JELR 45827 (CA)

Court of Appeal · CA/C/206/2007 · 18 Feb 2009 · Nigeria

CORAM

NWALI SYLVESTER NGWUTA Justice of The Court of Appeal of Nigeria JEAN OMOKRI Justice of The Court of Appeal of Nigeria MOJEED ADEKUNLE OWOADE Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms ^Beta

appellant

akpan eyen

pw1

defence of accident

exhibit c

trial court

evidence of pw1

learned trial judge

reasonable doubt

criminal code

said akpan eyen

emmanuel essien umoh

issues

mr. nta

reply brief

cross-examination

accused person

exhibit b

offence of murder

dr. paul jibrin

material contradictions

investigating police officer

issue no.1

medical officer

cause of death of the deceased

criminal cases

doer of the act

past mortem report

state of evidence

verdict of the learned trial judge

appellant of murder

appellant of murder grounds

cross-examination pw1

deceased shout

deceased sustained injuries

dw1 exhibit a

end of the trial

extra-judicial statement

good reason

hearing of this appeal

high court of cross river state

justice of the case

laws of cross river state of nigeria

leading judgment

ordinary person

JEAN OMOKRI, JCA (Delivering the Leading Judgment): The appellant, Ekpenyong Etim Eyo, was arraigned before the High Court of Cross River State, sitting in Calabar, on a one count charge for the offence of murder of one Emmanuel Essien Umoh contrary to Section 319(1) of the Criminal Code, Cap 31, Vol. II, Laws of Cross River State of Nigeria, 1983. At the trial, 2 witnesses testified for the prosecution while for the defence only the convict testified on his own behalf. At the end of the trial, Hon. Justice F. E. Ita, rejected the defence of accident put up by the appellant and convicted him of the offence of murder and sentenced him to death by hanging.

Dissatisfied with the judgment, the appellant appealed to this court on 12 grounds from which he distilled three issues for determination in the appellant's brief of argument dated 26/2/08 and filed the same day. The issues are as follows:

"1. Considering the state of evidence whether or not the learned trial Judge adequately consider…

EYO V. THE STATE

EYO
V.
THE STATE