Mr. Godwin Nyong Udofia V. The State (2016)

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IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. 

The instant appeal is against the judgment of the High Court of Akwa Ibom State, delivered on October 14, 2013 in charge No. HU/36c/2011. By the said judgment, the Court below Coram Godwin J. Abraham, J; convicted and sentenced the Appellant to death by hanging for murder, contrary to Section 326(1) of the Criminal Code Cap. 38 Volume II, Laws of Akwa Ibom State of Nigeria, 2000.

BACKGROUND FACTS

On November 14, 2011, the Appellant was initially arraigned before the Court below upon a one count charge of murder, to wit.

STATEMENT OF OFFENCE

MURDER, contrary to Section 326(1) of the Criminal Code, Cap. 38 Volume II, Laws of Akwa Ibom State of Nigeria.

PARTICULARS OF OFFENCE

GODWIN NYONG UDOFTA on the 20th day of February, 2011 at Ikpa village in Uruan Local Government Area in the Uyo Judicial Division murdered, EMEH OKON OKODIO.

?Not unnaturally, when the charge was read and explained thereto, the Appellant pleaded not guilty. Trial commenced immediately after entering the plea of not guilty for the Appellant. All in all, four witnesses testified for the prosecution as PW1-PW4

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respectively. A total of six items were tendered and admitted as Exhibits 1 – 6 respectively. At the close of the prosecution case, a plea of no case submission was made by the defence, which was overruled by the Court below. On December 19, 2012, the Appellant opened his defence and testified as DW1

At the close of the defence, the learned Appellant’s counsel adopted the written address thereof on July 15, 2013. However, in the absence of the defence counsel, his written address was deemed adopted by the Court below. Thus, resulting in delivering the vexed judgment on the said October 14, 2013, to the following conclusive effect:

The entire circumstances of the case shows (sic) very clearly that the accused person killed the deceased…

Indeed the deceased died as a result of the injuries on him by the accused. I hold that the prosecution has proved all the ingredients of murder in this case. I prove that the prosecution has proved the charge against the accused person beyond reasonable doubt. I hereby find the accused person guilty of murder as charged under Section 326(1) of the Criminal Code Cap. 38 Volume II Laws of Akwa Ibom State of