WALI, J.S.C. (Delivering the Leading Judgment): The appellant Edet Effiong Ukut was charged with the murder of Joshua Etim Inyang, contrary to Section 319(1) of the Criminal Code. At the end of the trial he was found guilty as charged and sentenced to death.
Briefly, the facts of the case as presented by the prosecutor are as follows:-
On the fateful day, that is 21st April, 1985, the appellant, a troop leader of the 6th Calabar Scout troop, in company of four (4) other boys Scout, drove to Idang Primary School football field in a Subaru car. It was about 5.20 p.m. at the time they reached their destination and the appellant was driving the car. At the time, P.W.2, Francis Eyo Nsa was at the play ground and watching football. He saw the five boys scout alighted from the car and walked straight into the field. On their sight, another boy called Emmanuel, who was also there watching football, took to his heels and the boys scout pursued him. When they could not catch up with him, they …