REX
V.
AKPAN UDO, MODEM AKPAN, OKO INYANG

JELR 81101 (WACA)    
West Africa Court of Appeal  ·  West Africa [For WACA cases]
 · 
Other Citations
1946-49 12 WACA 224-226
CORAM
HARRAGIN, C.J. (GOLD COAST), VERITY, C.J. (NIGERIA), LUCIE-SMITH, C.J. (SIERRA LEONE)
Core Terms Beta
witnesses
counsel
evidence
case
trial
defence
application
appellants
client
first appellant
king
preliminary enquiry
present case
second appellant
trial judge
adjournment
defence of the first appellant
desire
effect
regard
witness
behalf of the accused
consideration
court
learned trial judge
magistrate
material evidence
persons
province of the trial judge
value of the evidence of the witness
witness box
accused person
fact remains
judgment
previous personal experience
supreme court
view

Verity, C.J. This is an appeal from convictions in the Supreme Court for the crime of Murder. There are two accused persons and the case for the Crown rests, as far as the first appellant is concerned, almost entirely and as regards the second appellant entirely, upon the evidence of a witness who states that he saw and identified both appellants in the act of dismembering the body of the deceased.

The defence of the first appellant was that of alibi. He gave evidence to the effect that at the material time he was elsewhere in the company of other persons. The second appellant gave evidence to the effect that he knew nothing about the death of the deceased and that he lived two-and-a-half miles away.

At the preliminary enquiry, where he was not represented by Counsel, the first appellant informed the Magistrate, that he wished to call three witnesses at his trial, but refused to disclose the names of the witnesses as he feared the police might interfere with them, or, in his own words, …

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