Eyo Asuquo Effiong V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOJEED ADEKUNLE OWOADE, J.C.A.(Delivering the Leading Judgment)

This is an Appeal against the Judgment of S. M. Anjor. J. of the Cross River State High Court, Akpabuyo Judicial Division delivered on 16/4/2014.

The Appellant was charged on a single count charge of murder in an information filed on 15/8/2011 to the effect that on or about 20th March, 2011 at Ikot Asuquo Edem village, Akpabuyo Judicial Division, murdered Kinsley Betulah Godwin contrary to Section 319 (1) of the Criminal Code C.16 Vol. 13 Laws of Cross River State 2004.

The Appellant pleaded not guilty to the charge. The prosecution called only the investigating police officer as PW1 while the Appellant gave evidence in defence as DW1. In addition, the prosecution tendered Exhibit 1, 2, 3,4 A and 4B.

?The case for the prosecution is that on or about the 20th March, 2011, the Appellant went to the house of the deceased at about 6.00 pm and took him out to attend a child dedication party, the deceased did not return home alive from the prosecution’s account the deceased was last seen in the company of the Appellant and that Exhibit 1 and 2 suggested that

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Appellant could have died from wounds inflicted from matchet cuts.

The Appellant gave evidence in defence and said that as they were returning, they met the deceased’s girlfriend who told them her shoes were seized by one Eteobong at Ikot Edem village after Ikot Ewa all in Akpabuyo. That they went with deceased and 4 others and when they got there and enquired of the said Eteobong they were attacked. That the deceased was over powered and as he tried to run across the road, he was knocked down by a hit and run vehicle.

That he went and reported the matter to the deceased’s mother. That the deceased’s mother took him to the hospital at Ikot Ene but the same had closed and when deceased was to be taken to the hospital at Calabar, he died on the way and the mother took the corpse back to the village.

At the end of the trial, the Learned trial Judge agreed that the prosecution have proved their case beyond reasonable doubt against the Appellant but that:

“since deceased is said to finally died while being taken to the hospital, rather than murder, he is both given all the circumstances of this case and on the doctrine of “last seen is guilty of manslaughter

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pursuant to Section 179 (1) and (2) of Criminal Procedure Act and the case of cause of Adeniyi (sic) and Ors V. F. R. N (2011) LPELR – 8805 (CA) Shosimbo v State (1974) 10 S. C 91 and Ogunade & Anor V. A. G Federation (1971) LPELR – 2320 (SC)”.

Consequently, the Learned trial Judge convicted the Appellant for the lesser offence of manslaughter and sentenced the Appellant to imprisonment for 18 years. Dissatisfied with this Judgment, the Appellant filed a Notice of Appeal containing two Grounds of Appeal in this Court on 14/5/2014.