Asuquo Okon Asuquo V. The State (2016)

LAWGLOBAL HUB Lead Judgment Report

KUMAI BAYANG AKA’AHS, J.S.C.

The appellant was charged before the High Court of Cross River State holden at Calabar with the offence of murder contrary to Section 319(1) of the Criminal Code Cap C16 Vol. 3 Laws of Cross River State of Nigeria 2004 in Charge No.HC/59C/2006. The charge reads thus:-

“STATEMENT OF OFFENCE

MURDER contrary to Section 319(1) of the Criminal Code Cap. C16 Vol. 3 Laws of Cross River State of Nigeria 2004.

PARTICULARS OF OFFENCE

ASQUO OKON ASUQUO on or about 21st day of August 2006 at Okurikang village in Calabar Judicial Division murdered one Andong Bassey Andong.

In order to prove the offence the prosecution called four witnesses and tendered six exhibits. One of the four witnesses who testified is PW2, the wife of the deceased who gave an eye witness account on how the appellant went to the deceased house armed with a matchet and when the deceased sighted him, he tried to escape but fell in front of the Presbyterian Church which was not far from the house. It was there the appellant inflicted the matchet wounds on the

1

deceased. The deceased died shortly after while he was being conveyed by PW1 to the hospital. It was PW2 who ran to PW1 for help and on rushing to the scene of the crime PW1 saw the deceased in a pool of blood. PW3 who is a neighbour of the deceased heard shouts from the wife of the deceased in the morning of 21/8/2006. He ran out to find out what was happening. He saw the deceased lying on the ground with wounds all over his body and a deep cut on his hand. He heard the deceased shouting “Udo Udo has killed me” As he turned around he saw the appellant running away with a matchet in his hand. PW4 was mandated to investigate the case after it had been transferred from Odukpani to the State C. I. D. Calabar. He recorded a statement from the appellant tendered as Exhibit 5. An earlier statement of the appellant which was recorded by Sgt. Jane Dickson on 30/8/2006 was tendered without objection and admitted as Exhibit 4.

The appellant testified in person. He denied murdering Andong Bassey Andong. He also denied making Exhibit 4 but made a statement which Sgt. Umo recorded. He said he was at his work place by 7am at Calcemco Calabar on 20/8/2006 and Otu Bassey

2

one of his co- workers saw him at work.

The learned trial Judge, Ita J. (as he then was) meticulously evaluated the evidence adduced during the trial and rejected the alibi which the appellant set up when he testified, found that the prosecution proved all the ingredients of the offence of murder against the appellant convicted and sentenced him to death by hanging.

The appellant was dissatisfied with the judgement of the learned trial Judge and appealed to the Court of Appeal, Calabar on a Notice of Appeal containing 7 grounds of appeal.