UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Cross River State sitting in Ikom delivered on 2nd May 2012. The Appellant was convicted on a one count charge of the murder of one Joseph Banyio. He was convicted of the crime and sentenced to death contrary to S. 319 (1) of the Criminal Code, Cap. C16 Vol. 3 Laws of Cross River State 2004.
The facts of this case are as follows: The Appellant was charged on a one count charge of murdering the deceased Joseph Banyio by shooting him with a gun on 4th November, 2007 at Aleke Village in Boki Local Government Area.
At the trial, the prosecution called only one witness, the Investigative Police Officer and tendered eight exhibits. The Appellant made two confessional statements but only one was admitted after a trial within trial.
The Appellant gave evidence viva voce and called no other witness. After both parties closed their case, written addresses were ordered a…