HAMMA AKAWU BARKA, JCA (Delivering the Leading Judgement): The instant appeal is against the judgment of Hon. Justice Elias O. Abua of the High Court of Justice Cross River State in Charge No. HD/1C/2011 sitting at Obudu and delivered on the 29th of October, 2012, wherein appellant and one John Obeneye were convicted of conspiracy and murder and sentenced to death by hanging.
The two accused persons were on the 4th of April, 2011 jointly charged on two counts of the charge which reads:
STATEMENT OF OFFENCE
CONSPIRACY contrary to section 516 of the Criminal Code Law Cap C16 Vol.3 Laws of Cross River State of Nigeria 2004.
PARTICULARS OF OFFENCE
CHRISTOPHER IWAH, JOHN OBENEYE and others now at large on the 11th day of July, 2009 at Lishikwel village Bendi village, Obanliku Local Government Area in the Obudu Judicial Division did conspired amongst yourselves to commit a felony to wit: murder.
STATEMENT OF OFFENCE
MURDER contrary to section 319 Criminal Code Law Cap C16 Vol.3 Laws of Cross River…