OKPA
V.
STATE

MUHAMMAD JSC (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal, Calabar Division in appeal No. CA/C/82C/2012 delivered on 29 April 2013, affirming the conviction and sentence of the appellant by the High Court of Cross River State, coram Obojor A. Ogar J. for the murder of Efa Ephraim contrary to section 319(1) of the Criminal Code, Volume 3, Cap. C16, Laws of the Cross River State of Nigeria, 2004. The brief facts that brought about the appeal are supplied at once below. The appellant was arraigned before the High Court of Cross River State sitting at Calabar on a one count murder charge contrary to section 319(1) of the Cross River State Criminal Code. This was on 23 March 2010. He pleaded not guilty and the matter went into a full trial. To establish their case, the respondent called three witnesses, while the appellant testified in his own defence. The prosecution’s case is that the appellant, a police constable attached to the Atakpa …