Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



UKO IKONO
V.
THE STATE

(2020) JELR 80401 (SC)    
Supreme Court  ·  SC.498/2016 ·  30 Jan 2020 ·  Nigeria
CORAM
OLABODE RHODES-VIVOUR, JSC CHIMA CENTUS NWEZE, JSC AMIRU SANUSI, JSC EJEMBI EKO, JSC UWANI MUSA ABBA AJI, JSC

Ratio Decidendi

Core Terms Beta
appellant
exhibit b
case
reasonable doubt
cause of death
bilateral open fracture
conviction of the appellant
grievous hurt
lower court
learned justices of the court of appeal
material contradictions
pw1
act of the accused person
benefit of doubt
evidence act
facts of this case
general hospital
relations of the deceased
trial court
circumstances of this case
criminal cases
grounds of appeal
guilt of the accused person
ikot ekpene
novus actus interveniens
part of the prosecution
said okon sam achukwu
sharp objects
abia state
body of the prosecution
criminal code of akwa ibom state
death certificate
evidence ordinance
eye witness
eyidence of the prosecution witnesses
further appeal
immediate cause of death
immediate cause of the death of the deceased
leading judgment
local government area
medical personnel
result of the savage attack
said death certificate
self-defence
sentence of the appellant
son of the appellant
such break
wife of the deceased


EJEMBI EKO, J.S.C. (Delivering the Leading Judgment): The particulars of the offence, at page 2 of the Record, suggest that the Appellant, UKO IKONO, and another still at large on the 12th January, 2012, at Ubon Akwa in Obot Akara Local Government Area within Ikot Ekpene Judicial Division of Akwa Ibom State murdered OKON SAM ACHUKWU (M). The Appellant was charged with the murder, contrary to Section 362(1) of the Criminal Code of Akwa Ibom State, of the said Okon Sam Achukwu.

The Appellant and one other, said to be the son of the Appellant, allegedgly beat up the said Okon Sam Achukwu (the deceased) in the night of sometime in October, 2010. The PW.l, the wife of the deceased witnessed the attack. She testified as an eye witness. The deceased was attacked with sharp objects or weapons. In consequence, the deceased was left with broken or fractured legs and injuries on his ribs. So soon thereafter the deceased, still alive, was taken to the General Hospital, Ikot Ekpene where the medica…

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