Aniefiok Robert Essien V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

CHIOMA NWOSU-IHEME, J.C.A. (Delivering the Leading Judgment)

The Appellant instituted this appeal against the judgment of the High Court of Akwa Ibom State Itu Division delivered by G. J. Abraham, J, on the 27th of February, 2014.

The Appellant, Aniefiok Robert Essien was charged on a One Count charge of Attempted Murder.

At the end of the trial, the Appellant was convicted of the offence of Attempted Murder contrary to Section 327 of the Criminal Code, Cap. 38, Vol. 2, Laws of Akwa Ibom State of Nigeria, 2000. He was sentenced to Ten years imprisonment. Dissatisfied with that judgment, the Appellant has filed this appeal.

The prosecution’s case at the trial Court was that on or about the 26th of April, 2011, the day for the Governorship and State Houses of Assembly Elections at Ndot Obot Village Hall, Mbiabong Edem Edik in Ibiono Ibom Local Government Area in Itu Judicial Division, the Appellant, Aniefiok Robert Essien while armed with a locally made pistol, shot Ikoedem Edet Akpan and thereby unlawfully attempted to kill him.

The Appellant was said to have absconded after shooting the victim Ikoedem Edet

1

Akpan, until he was arrested.

?The victim Ikoedem Edet Akpan who testified as PW1, stated that he saw many people including the Appellant carrying guns and that he knew all of them because they came from his village. He stated that he knew the Appellant very well due to his relationship with him prior to the shooting. That as soon as PDP (Peoples Democratic Party) was announced the party with the highest votes, the Appellant fired the gun he was carrying and shot him. That at the hospital, eleven bullets were removed from his body, from his left arm to his head.

One of the voters who was present at the scene, Nelson George Umoren testified as PW2. He stated that he heard gun shots and when he ran out of the voting room, people were shouting that Aniefiok has shot Ikoedem. He then rushed him to the hospital because he was almost dying.

There was also the testimony of the I.P.O Inspector Edet Joe (PW3) to the effect that the Appellant was eventually arrested about one month after the incident.

He stated that the Appellant confirmed the statement he made on the 25/5/2011 that he shot at the victim Ikoedem Edet Akpan because he was beaten by

2

people in the village including the victim. That since he had a locally made pistol he shot the victim at the back. He stated that even though the Appellant later reciled, his said statement was admitted as Exhibit 2.