JOHN INYANG OKORO, J.S.C. (Delivering the Lead Judgment): This appeal is against the judgment of the Court of Appeal, Calabar Division delivered on 17th January, 2013 wherein the lower Court set aside the conviction and sentence to death of the appellant by the Trial High Court of Akwa Ibom State. The appellant was convicted for the murder of his father, Norbert Sunday on or about the 2nd day of April, 1996 at No. 81A Ikpa Road Uyo, Akwa Ibom State. The facts of the case may be summarized as follows: -
The Respondent herein, Raphael Ifiok Sunday was charged at the High Court of Akwa Ibom State with one count of murder of his father, one Norbert Sunday, contrary to Section 319(1) of the Criminal Code.
The particulars of offence charged read as follows:-
"Raphael Ifiok Sunday on or about the 2nd April, 1996 at No. 81A Ikpa Road, Uyo Judicial Division murdered Norbert Sunday."
The complainant, Etim Udah, Deputy Family Head of Nnung Ibanga Ekpa of Afaha Oku Village, Uyo, made two statements t…