ACHIKE, JSC (Delivering the Lead the judgment): The three appellants were arraigned on a one-count charge for murder at the High Court of Justice, Akwa Ibom State presided over by Eka, J. At the close of evidence and addresses by counsel on both sides, the learned trial Judge, in a considered judgment, respectively convicted the appellants for murder and sentenced them to death, while he discharged and acquitted the 4th accused. The appellants’ appeals to the Court of Appeal, Calabar Division, were unanimously dismissed while the sentences of death passed on them were confirmed. Still dissatisfied, the appellants have appealed to this Court. The facts of this case lie within a narrow compass and would be recapitulated hereunder. Sometime on 3rd April, 1990, at the Ekoi Ikot Nyoho village, two children aged between 8 and 9 years respectively, testified herein as PW1 and PW3 that while playing in their compound with other children, they saw the 1st appellant in the company of seven ot…
UDOEBRE
V.
STATE
(2001) JELR 53626 (SC)
Supreme Court 1 Jun 2001 Nigeria
Case
Key Passages 12
Citing Cases 39
BriefBot Summary
- The appellants were tried and convicted of murder by the High Court of Akwa Ibom State based primarily on circumstantial evidence and eyewitness testimony of children (PW1 and PW3), who saw them transporting a headless corpse in a wheelba
Case Details
Suit Number:SC. 59/2000
Judges:ADOLPHUS GODWIN KARIBI-WHYTE, JSC IDRIS LEGBO KUTIGI, JSC OKAY ACHIKE, JSC SAMSON ODEMWINGIE UWAIFO, JSC EMMANUEL OLAYINKA AYOOLA, JSC
Counsel:Chief Kola Babalola for the 1st Appellant;
Alhaji F. A. Oso for the 2nd Appellant;
Chief Dona Udogu, with him, Mrs. U. F. Udogu for the 3rd Appellant;
C. J. Udoh, Esq., Senior State Counsel, Ministry of Justice, Akwa Ibom State for the Respondent.
Other Citations:(2001) 12 NWLR (Pt. 728) 617
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