JAMES SHEHU ABIRIYI, JCA (Delivering the Leading Judgement): This appeal is against the judgment delivered on 11th July, 2017 in the High Court of Akwa Ibom State holden at Uyo. The Appellant stood trial in the High Court (the court below) for murder and assault occasioning grievous harm contrary to sections 326(1) and 341(a) and (b) of the Criminal Code LawCap.38, Vol.2, Laws of Akwa Ibom State 2000.
The facts of the case are simple and short. According to the PW1 who may be considered as the star witness for the Respondent, the Appellant, PW1 and the deceased were sleeping in one room. He (PW1) woke up at about 3.45am in the morning to see the Appellant and the deceased fighting. He tried to separate them. Then the Appellant stabbed the PW1 on the shoulder. The PW1 fell down immediately. The Appellant ran out of the room. The deceased ran after the Appellant. The PW1 also followed them. Outside, he saw the deceased on the ground. He tried to carry the deceased up and saw saliva com…