Etim Edem Asuquo V. The State (2016) LLJR-CA

LawGlobal-Hub Lead Judgment Report

ONYEKACHI AJA OTISI, J.C.A. 

This is an appeal against the decision of S. M. Anjor, J. of the Cross River State High Court, Akpabuyo Judicial Division delivered on April 16, 2014 in Charge No HCA/6c/2009, in which the Appellant was convicted of the offence of attempted murder and sentenced to 15 years imprisonment with hard labour.

?The facts leading to this appeal are as follows: On July 6, 2009, the complainant, PW1, in company of three other persons, went to Authority Fishing Port to buy certain items, but, they could not purchase the items because the items were unavailable. When they were about leaving, the Appellant called PW1’s attention. As PW1 drew nearby, the Appellant drew out a machete with intent to cut PW1’s head. PW1 used his hand to block the blow and in the process Appellant cut off PW1’s right wrist. In his defence, the Appellant alleged that on the night in question, persons who came to drink at a bar directly opposite his house became unruly and threw bottles around. The Appellant, who was drinking in the bar, was hit by someone with a beer bottle on the head and he started bleeding. The Appellant

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rushed to his house and grabbed a machete, returned to the bar and threw the machete at one Nsat, the person who was supposed to have struck him with the bottle. In the process, the right wrist of PW1 was cut off. The Appellant was charged on information containing one count of attempted murder contrary to Section 320 of the Criminal Code Law, Cap. C16 Vol. 3 Laws of Cross River State of Nigeria. (“Criminal Code”).

At the trial, the prosecution called two witnesses, tendering four exhibits; while the Appellant testified for himself and called no witness. In his judgment, at conclusion of the trial, the learned trial Judge convicted the Appellant of the offence of attempted murder and sentenced him to 15 years imprisonment with hard labour. Dissatisfied with the said judgment, the Appellant lodged this appeal by Notice of Appeal filed on May 15, 2014, upon three grounds of appeal, found at pages 55 – 57 of the Record of Appeal.

The parties exchanged Briefs of Argument. The Appellant’s Brief was settled by Godwin Omoaka, Esq. on 9/10/2014, and adopted on 11/5/2016. The Respondent’s Brief was settled by Eneji Amajama, Esq., Senior State Counsel 1,

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Ministry of Justice, Cross River State, on 10/4/2015 but deemed properly filed and served on 11/5/2016. Mr. Amajama adopted the Respondent’s Brief on 11/5/2016. The Appellant’s Reply Brief filed on 14/3/2016 but deemed on 11/5/2016 was also adopted by Mr. Omoaka.

The Appellant, out of the three grounds of appeal, formulated a sole Issue for determination as follows:
”In light of the evidence adduced at the trial, was the learned trial Judge right to convict the Appellant of the offence of attempted murder by holding that the prosecution proved its case beyond reasonable doubt?”

The sole issue as formulated by the Appellant was adopted by the Respondent for determination.

The Appellant was charged with the offence of attempted murder contrary to Section 320 of the Criminal Code which provides:
320. Any person who-
(1) attempts unlawfully to kill another; or
(2) with intent unlawfully to kill another does any act, or omits to do any act which it is his duty to do, such act or omission being of such a nature as to be likely to endanger human life, is guilty of a felony and is liable to imprisonment for life.

?It was contended

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