STEPHEN JONAH ADAH, JSC (Delivering the Leading Judgment): This appeal is against the decision of the Court of Appeal, Calabar Judicial Division in Appeal No: CA/C/2C/2019, delivered on the 25th day of March, 2020. The lower court, in its decision, upheld the judgment of the trial court delivered on the 5th day of August, 2016, in Charge No. HOK/2C/2014, wherein the appellant was convicted and sentenced to death by hanging.
On the 7th of April, 2014, the appellant herein, as the 6th accused person was arraigned alongside seven (7) other accused persons before the trial court on a three-count charge bothering on Conspiracy, Murder and Arson punishable under Sections 552, 326(1) and 464(a) of the Criminal Code, Cap.38 Vol. 2 Laws of Akwa Ibom State, 2000.
The appellant with his co-accused persons pleaded not guilty to the charges. The prosecution now respondent called five (5) witnesses and tendered some exhibits in prove of its case. In defence of his case, the appellant testified in per…