(2021) JELR 108940 (CA)    
Court of Appeal  ·  CA/C/104C/2020 ·  2 Nov 2021 ·  Nigeria
James Shehu Abiriyi Justice of the Court of Appeal Muhammed Lawal Shuaibu Justice of the Court of Appeal Ademola Samuel Bola Justice of the Court of Appeal

MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Akwa Ibom State delivered on 20/11/2018 by Hon. Justice Felicitas J. Ibanba convicting the appellant for murder under Section 326(1) of the Criminal Code Cap 38, Vol.2, Laws of Akwa Ibom State, 2000. The appellant was accordingly sentenced to death by hanging.

The brief facts of the case leading to this appeal are aptly captured in the respective briefs of argument. I will re-hash them in order to set the scene for a review of the judgment of the lower Court by way of this appeal. The facts presented to the lower Court reveals that on or about the 7th December, 2016, the appellant was on night duty at the Canaan Polytechnic Ikot Obio Akan village in Mkpat Enin Local Government Area when the deceased; Ebenezer Benjamin Eshiet who was in company of another person rolled his motorcycle into the premises of the polytechnic. At that point in time the appellant was to…

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