(2011) JELR 46036 (CA)    

Court of Appeal  ·  CA/C/81/2010 ·  31 May 2011 ·  Nigeria
JA'AFARU MIKA'ILU Justice of The Court of Appeal of Nigeria MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria ISAIAH OLUFEMI AKEJU Justice of The Court of Appeal of Nigeria
Core Terms Beta
reasonable doubt
appellant counsel
trial court
grievous bodily harm
accused person
room divider
defence of accident
final conclusion
learned trial judge
trial judge
exhibit 2a
offence of murder
second time
self defence
third time
wrong evaluation of evidence
act of self-defence
appellant case
appellant of this defence
appellants father
appellant state
appellate court
available evidence
clear case of accident
criminal code of cross river state
essential ingredients of murder
great bodily harm
high court of cross river state
isaiah olufemi akeju
issue of self defence
leading judgment
lower court
lower court charge no.hc
mortem examination sheet
police information report
proper examination of the evidence
prosecution case
reasonable apprehension of death
reasonable grounds
room divider defence
submission of the learned counsel
such defences
u e

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…

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