CHIOMA EGONDU NWOSU-IHEME, J.C.A: (Delivering the Leading Judgment): The Appellant Etim Etim Udo was arraigned before Hon. Justice Stephen Okon of the High Court of Akwa Ibom state, sitting in Ikot Ekpene on a one count charge of murder contrary to Section 326(1) of the Criminal Code Cap. 38 vol.2, Laws of Akwa Ibom State of Nigeria, 2000.
The Appellant who was the 5th accused person at the trial Court was charged along with four other accused persons in Charge No.HT/1c/2013.
The prosecution's case against the accused person was that on the 5th day of July, 2003 at Abiakpo Edem Idim, Ikot Ekpene Judicial Division murdered one Okon Tom Akpan.
The case was at different times taken by three other Judges before fresh plea was taken on the 16th of July, 2009 before Stephen Okon J. Three witnesses testified for the prosecution and various Exhibits were tendered.
The prosecution's case against the Appellant Etim Etim Udo as presented by Emem Alphonsus Udo who testified as PW1 at the trial Court …