JAMILU YAMMAMA TUKUR, JSC (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal Calabar Judicial Division (Lower Court) delivered on 4th day of November, 2020 in appeal No. CA/C/376/2018 which affirmed the Judgement of the Akwa Ibom State high court (Coram: Hon. Justice Eno Isangedighi) delivered on 24th May, 2018 which convicted the Appellant for the offence of murder and sentenced him to death.
At the Trial Court, the Appellant was arraigned and tried on a two count charge as follows:
STATEMENT OF OFFENCE-COUNT I
MURDER contrary to Section 326(1) of Criminal Code Cap. 38 Vol. 2 Laws of Akwa Ibom State, 2000.
PARTICULARS OF OFFENCЕ
CHRISTOPHER MARCUS UDO on or about 31st day of December, 2008 at Uruk Osung Village, Obot Akara Local Government Area in the Ikot Ekpene Judicial Division MURDERED one GABRIEL CHRISTOPHER MARCUS.
STATEMENT OF OFFENCE-COUNT II
ATTEMPT TO PREVENT THE COURSE OF JUSTICE contrary to Section 128 (3) of the Criminal Code Cap. …