(2006) JELR 45950 (SC)    

Supreme Court  ·  SC.83/2005 ·  14 Jul 2006 ·  Nigeria
Other Citations
Udo v. State (2006) 15 NWLR (Pt.1001) 179 (2006) 7 S.C (Pt II) 83 (2006) 7 S.C (Pt II) 83
SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria IGNATIUS CHUKWUDI PATS-ACHOLONU Justice of The Supreme Court of Nigeria ALOMA MARIAM MUKHTAR Justice of The Supreme Court of Nigeria FRANCIS FEDODE TABAI Justice of The Supreme Court of Nigeria
Core Terms Beta
learned trial judge
accused person
reasonable doubt
court of appeal
defence of self defence
defence of the appellant
trial court
arraignment of the appellant
close range
decision of the court
grounds of appeal
record of proceedings
self defence
above requirements
a. m. mukhtar
calling of dr. akpabio
careful perusal of the excerpt of the judgment
complete agreement
conviction of the trial court
court finds
criminal code
end of the day
f. f. tabai
following issues
heavy weather of the use of the word
implication of my reasoning
important thing
leading judgment
lead judgment
learned counsel
learned justices of the court of appeal
mandatory requirement
mind of the learned judge
murderer of sunday okon udoette
person of his gun
probative value
said defence
service of a copy of the information
such person
sunday okon udoette
s. u. onu
valid reason

A. M. MUKHTAR, J.S.C (Delivering the Leading Judgment): The offence for which the appellant was charged and convicted was the murder of one Sunday Okon Udoette, on 21st of February, 1995 at Odukpani in Calabar Judicial Division, contrary to section 319(1) of the Criminal Code. The charge was read and interpreted to the appellant in Efik language. The prosecution called seven witnesses to prove its case and the appellant gave evidence in his defence.The prosecution's case was that the appellant having suspected that a servant of the deceased stole his cassava and farm tools, went to the deceased's house to complain and to ask for his hoe and axe, and in the process threatened to use matchet on him. The deceased retorted that the matter did not concern him, so he should report his servant to the police. The deceased left for the bush, but never came back alive. The appellant was later seen by the witnesses who were present during the threat, coming from the direction of the path the dec…

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