Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2009) JELR 45827 (CA)    

Court of Appeal  ·  CA/C/206/2007 ·  18 Feb 2009 ·  Nigeria
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
akpan eyen
defence of accident
exhibit c
trial court
evidence of pw1
learned trial judge
reasonable doubt
criminal code
said akpan eyen
emmanuel essien umoh
mr. nta
reply brief
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…

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