ABUBAKAR SADIQ UMAR, J.S.C. (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal, Calabar Division (lower Court), delivered on 25th July, 2019 wherein the lower Court affirmed the judgment of the trial Court which convicted the Appellant and sentenced him to death by hanging.
The Appellant being dissatisfied with the decision of the lower Court, has further filed the instant appeal with the view to upturn the decision of the lower Court.
The Appellant was charged and arraigned before the High Court of Akwa-Ibom State, Ikot- Ekpene Judicial Division ("trial Court") vide an Information dated 11th July, 2011 and containing a single-count charge of Murder contrary to Section 326(1) of the Criminal Code, Cap.38, Vol. 11, Laws of Akwa Ibom State, 2000.
According to the Prosecution, the fact of the case is that at around 6:00pm on 8th July, 2010, at Akpautong Ikot Udo Idem town in Essien Udim Local Government Area of Akwa Ibom State, the Appellant was en…