Archibong George Usen V. The State (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Akwa-Ibom State, Uyo Judicial Division, delivered on the 23rd day of June, 2014.

The appellant was co-accused at the trial for the murder of a local trader in Mbioto 11 Village, Etinan Local Government of Akwa Ibom State.

The evidence at trial was that the 1st accused was arrested while rummaging through the shop of the deceased who had gone missing a few days before then. He was taken to the police station and confessed that the deceased was murdered in the course of a burglary committed by him and some others which included the appellant.

A search of his premises revealed items taken away from the scene of the alleged crime some of which belonged to PW1 and the rest to the deceased. The 1st accused led the police investigators to the residence of the appellant who was promptly arrested. Appellant insisted on his innocence and gave an alibi which was refuted at trial by those named by him. He gave evidence from the witness box denying the allegation and was duly cross-examined. In his considered

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judgment at the end of the trial, the learned trial Judge found the appellant guilty of the alleged murder, convicted and sentenced him accordingly.

Obviously dissatisfied, the appellant invoked the Appellate jurisdiction of this Court via a notice of appeal dated 16th September, 2014 but filed on 22nd September, 2014 containing 4 grounds.

At the hearing of the appeal, Mr. Omoaka the learned counsel for the appellant adopted his appellant’s brief filed on 4th November, 2014 as his arguments in respect of this appeal.

Therein, he identified and argued 3 issues for determination as follows:

(i) By proceeding to bar or preclude the appellant from submitting his final written address on the ground that counsel to the appellant failed to take advantage of opportunities given to him so to do, did the learned trial Judge not infringe on the appellant’s right to a fair hearing as guaranteed under the constitution of the Federal Republic of Nigeria (as amended).

(ii) Was the learned trial Judge right to have convicted the appellant on the strength of Exhibit 3, the confessional statement of the 1st accused person in

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spite of the fact that the appellant neither adopted nor confirmed the contents of Exhibit 3 and after the learned trial Judge had correctly found that Exhibit 3 was not legal evidence against the appellant.