NIKI TOBI, JCA (Delivering the Leading Judgment): In the High Court of Abak in the Abak Judicial Division, the appellant was charged with attempted murder of Friday Ezekiel Udo Idiong by giving him multiple gun-shot wounds on 7th May, 1981 at Nkum village. Five witnesses gave evidence for the prosecution. The victim of the gun shot gave evidence as PW2.
The case of the prosecution is as follows: PW1 had a farm. The farm was in close proximity with the Church. It is the Christ Faith Church. PW2 was in the Church fasting with other members of the Church. He also conducted the prayers. That was on 7th May, 1981. In the course of the prayers, PW2 went out to ease himself. He saw the appellant and eight others who moved to the farm of PW1, PW1 had left for the bicycle repair's shop to repair his bicycle. He returned not long after. PW2 told him that some people were in his farm. PW2 mentioned the names of those he knew. Both PW1 and PW2 went to the farm. PW2 was requested by PWI to accompa…