A. M. MUKHTAR, JSC (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 dece…
UDO
V.
STATE
(2006) JELR 15712 (SC)
Supreme Court 16 Jul 2006 Nigeria
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Case Details
Suit Number:SC.83/2005
Judges: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
Counsel:Mr. Joe Odey Agi (with him, G. O. Offion) For Appellant
AND
Mr. Ekpenyong Henshaw, DPP, Cross River State For Respondent
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
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