Daniel Edet Daniel V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ONYEKACHI AJA OTISI, J.C.A. (Delivering the Leading Judgment)

This is an Appeal against the Judgment of Honourable Justice Stephen E. Okon, sitting at the High Court of Justice Akwa Ibom State, in the Ikot Ekpene Judicial Division, delivered on June 24th, 2013, wherein the Appellant and four others were convicted of murder of one Okon Tom Akpan contrary to Section 362(1) of the Criminal Code Cap 38 Volume 11, Laws of Akwa Ibom State of Nigeria 2000, and as a result sentenced to death by hanging.

The Appellant, who was the 2nd accused person, and four others were arraigned on March 23, 2004 on a one Count charge of murder contrary to Section 326(1) of Criminal Code Cap 38 Volume 11 Laws of the Akwa Ibom State of Nigeria, 2011, with particulars which read thus:

Unyime George Udofia, Daniel Edet Daniel, Ofonime Usua Udom, Nsikak Usua Udom and Etim Etim Udo, on the 5th day of July, 2003 at Abiakpo Edem Idim, Ikot Ekpene in Ikot Ekpene Judicial Division murder Okon Tom Akpan.

?The trial suffered a chequered history. The Appellant and other accused persons were initially arraigned on March 23, 2004 before Justice Idongesit Ntem

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Isua who unfortunately did not conclude the trial. The trial commenced de novo before two other Judges but suffered the same fate. The case again commenced de novo before Honourable Justice Stephen E. Okon on July 16, 2009, who now heard and determined same.

The prosecution in proof of its case called three witnesses PW1, Emem Alphonsus Udoh; PW2, George Essien Udofia, father of Appellant, and PW3, Dr. Ido Friday, a Medical Practitioner. The Appellant testified for himself as DW1 and called no other witness in his defence. The facts of this case as can be gleaned from the evidence of the prosecution witnesses in the Record of Appeal are that the Appellant and the four co-accused persons went to the house of the deceased, Okon Tom Akpan, a drycleaner, on the July 5, 2003 in the night and deceived him into opening his door for them on the pre that one of them, Etim Etim Udo, who was the 5th accused person, needed to collect his clothes given to the deceased for dry cleaning, for use the following morning. Upon opening the door, the Appellant and his co-accused persons, dragged the deceased out of his house, beating him with all forms of dangerous

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weapons such as clubs, sticks, and stabbing him with a dagger and machete. They dragged the deceased to the house of father to the Appellant, who testified as PW2 where they beat the deceased to death. They took the corpse out of the compound but abandoned the corpse on the road side and ran away after they were intercepted on the way by some villagers. The corpse of the deceased was later recovered by the police and deposited at General Hospital, Ikot Ekpene, where post mortem examination was conducted. PW1, an eye witness, had identified the Appellant as one of the persons responsible for the death of the deceased.

At the conclusion of the trial, the learned trial Judge convicted the Appellant and the four co-accused persons and sentenced them to death by hanging. Aggrieved by his conviction and sentence, the Appellant lodged this appeal by Notice of Appeal filed on October 8, 2013 upon nine grounds of appeal, found at pages 261 – 266 of the Record of Appeal.

The parties exchanged Briefs of Argument. The Appellant’s Brief settled by Emmanuel Sani, Esq. of Joe Agi, SAN & Associates on 3/2/2015, was adopted by Joe Agi, SAN on 19/1/2016. The

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Respondent’s Brief was settled by Comfort Udoh, Esq., Assistant Chief State Counsel, Ministry of Justice, Akwa Ibom State, on 15/9/2015 but deemed properly filed and served on 13/10/2015. I.U. Idemudo, Esq., Senior State Counsel adopted the Respondent’s Brief on 19/1/2016. The learned Silk also adopted the Appellant’s Reply Brief filed on 11/1/2016 but deemed on 19/1/2016.