JA'AFARU MIKA'ILU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Ita J. sitting in the High court of cross River State, Calabar in suit No.HC/36C/2006 and delivered on the 4th day of March, 2009. An information was filed against the appellant for the offence of murder contrary to section 319 (1) of the criminal procedure faw of Cross River State.
The issues for determination are whether the accident and self-defence raised by the appellant was considered and available to him and whether the lower court was right in holding that the prosecution proved its case beyond reasonable doubt.
Before the lower court charge No.HC/36C/2006 was brought against the appellant for the offence of murder contrary to section 319(1) of the criminal code of cross River state, that the appellant on the 27th day of September, 2005 at No.5 Umo Orok Street, Calabar, Calabar division murdered one Micheal Clement Effiong.
The information was filed on the 7th day of July, 2…