JEAN OMOKRI, J.C.A. (Delivering the Leading Judgment): This is an appeal by the appellant against the judgment of E. U. Ofem, J., sitting at the High Court of Cross River State, in the Ugep Judicial Division, holden at Ugep, delivered on 26/11/03, wherein the appellant was convicted and sentenced to death by hanging.
The brief facts of this case are that the appellant and one Ekpo Obongha Mbang were arraigned before the High Court of Cross River State at Ugep for the murder of one Mary Obongha Inah which occurred on the 13/4/01, contrary to section 319(1) of the Criminal Code Law of Cross River State. The charge was read to the appellant and he pleaded not guilty. Thereafter the prosecution opened its case on 4/7/02, and called 6 witnesses to prove its case, while the appellant testified on his own behalf but called no witness. At the conclusion of the trial, the appellant and the other accused, Ekpo Obangha Mbang, were convicted of the offence of murder and sentenced to death by hang…