(2015) JELR 40301 (CA)    

Court of Appeal  ·  CA/C/92c/2014 ·  22 Jun 2015 ·  Nigeria
CHIOMA EGONDU NWOSU-IHEME Justice of The Court of Appeal of Nigeria ONYEKACHI AJA OTISI Justice of The Court of Appeal of Nigeria PAUL OBI ELECHI Justice of The Court of Appeal of Nigeria
Core Terms Beta
defence of alibi
trial court
evidence of pw1
living room
learned trial judge
scene of crime
emem alphonsus udo
eye witness
offence of murder
reasonable doubt
5th accused person
5th day of july
appellant etim etim udo
evidence of an eye witness
such evidence
accused person
house of the deceased
laws of akwa ibom state of nigeria
police investigation
appellant nta a. nta esq
baseless evidence
best evidence
body of the deceased okon tom akpan
cause of death of the deceased
chioma egondu nwosu-iheme
considered judgment
count charge of murder
credible evidence
criminal code cap
criminal code of akwa ibom state
death of the deceased okon tom akpan
deceased okon tom akpan
different times
evidence of the pw
eye witness evidence
final result
ikot ekpene
leading judgment
medical practitioner
okon tom akpan
personal knowledge
plea of alibi
police officer
prosecution witness no.1
respondent usen o. usen esq
state of the evidence

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 …

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