U. UDOMA, J.S.C (Delivering the Leading Judgment): On 23rd November, 1972, we allowed this appeal and ordered the acquittal and discharge of the appellants and that they be forthwith released from prison custody. We now give our reasons for the order we then made.
The appellants, Akpan Ikono and Akpan Akpan Mboh, were together with Okon Udo Okoh and Udo Udo Akpan, alias Udo Udo Inyang, charged with the murder of one Samuel Ekperi of Obonipa Ariam village within the Umuahia Judicial Division of the East Central State. On the information filed, the first and second appellants were first and third accused persons. All the four accused persons were arraigned before and tried by Anialogu, J., in the High Court of the East Central State holden at Umuahia who, after a review of the evidence, acquitted Okon Udo Okoh and Udo Udo Akpan alias Udo Udo Inyang who were the second and the fourth accused persons on the charge as framed.
In acquitting and discharging the second and fourth accused pers…