Idara Solomon Ukut V. The State (2016)

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ONYEKACHI AJA OTISI, J.C.A.

This is an appeal against the judgment of the High Court of Akwa Ibom State, Itu Judicial Division, Coram Honourable Justice G. J. Abraham, J., delivered on December 2, 2013 in Charge No. HIT/13C/2013 in which the Appellant was convicted on a two count charge preferred against him and sentenced to fourteen years imprisonment each, with sentence in both counts to run concurrently.

The facts leading to this appeal reveal that on September 13, 2012 at about 7:25am, the complainant, a certain Aniekan Offiong Ukpe, received a threatening message from one Mr. Niceman, demanding for the sum of N1.5 million (One Million Five Hundred Naira) or he, the complainant will lose his life. The message was repeated on September 15, 2012, September 17 , 2012 and September 21, 2012. on September 22, 2012, the complainant was directed to a primary school in Ibiaku Itam in Ifu, where the said ransom money was dropped as directed by the ‘Mr. Niceman’ by voice conversation. The complainant recognized the Appellant’s voice and reported to the Police. The Appellant was arrested on September 23, 2012 at a palm wine and dog-meat bar

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at Urua Ekpa Itu. A search conducted in the house of the Appellant and the sum of N1. 3million (One Million, three Hundred Naira) was recovered. The recovered sum of money was released on bond to the complainant.

The Appellant was subsequently charged with:

i. Threatening the life of one Aniekan Offiong Ukpe, contrary to S. 6 (2) of Akwa lbom State Internal Security and Enforcement Law 2009.

ii. Demanding money by written threats to one Aniekan Offiong Ukpe contrary to S.42 of the Criminal Code Cap 38 Vol. II, Laws of Akwa lbom State 2000. (Page 2 of the Record of Proceedings).

At the trial, the Respondent called two witnesses. The Appellant testified for himself and had no other witness. The Appellant also had no legal representation. He was convicted on both counts and convicted to fourteen years imprisonment on each count. Aggrieved by his conviction and sentence, the Appellant lodged this appeal by Notice and Grounds of Appeal, filed on 27/10/2015, out of time but with leave of Court earlier granted on September 21/9/2015. There were three grounds of appeal.

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The parties exchanged Briefs of Argument. The Appellant’s Brief settled by

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Ndon Umoh, Esq. on29/1012015, was adopted by I.U Idem, Esq. on 25/4/2016. The Respondent’s Brief was settled and adopted by Kingsley Umo, Esq., Chief State Counsel, Ministry of Justice, Akwa Ibom State, on 25/4/2016.

Out of three grounds of appeal, the Appellant formulated three Issues for determination as follows: