MR. Innocent Edem Effiong V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

This is in respect of an appeal against the decision of the High Court of Akwa Ibom State sitting at the Uyo Judicial Division delivered by STEPHEN E. OKON J. on the 5th June, 2009 convicting the appellant of the murder of his biological father and sentencing him to death.

The appellant was arraigned before the learned trial Judge for one count of murder, to wit:

STATEMENT OF OFFENCE

Murder contrary to Section 326 (1) of the Criminal Code Cap. 38 Vol. 11, Laws of Akwa Ibom State.

PARTICULARS OF OFFENCE

Innocent Edem Effiong on the 20th day of June, 2002 at Afaha Atan, Ibiono Ibom in Uyo Judicial Division murdered one Donald Edem Effiong.

?He pleaded not guilty to the charge and the case proceeded to trial. 3 witnesses testified for the prosecution comprising two eye witnesses and one of the police investigators while the appellant testified on oath from the witness box supported by the testimony of his mother. After taking the final addresses of counsel, the learned trial Judge held that the prosecution had proved the alleged offence

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beyond reasonable doubt, consequently found the appellant guilty, convicted and sentenced him to death.

Exercising his constitutional rights, the appellant lodged an appeal against his conviction and sentence via a notice of appeal dated 17th June, 2009 containing 3 grounds.

At the hearing of the appeal, Chief Eyo the learned lead counsel for the appellant adopted his appellant’s brief filed on 17th February, 2016 as well as the reply brief filed on the 2nd of June, 2016 but deemed properly filed and served on the 6th June, 2016 as the arguments of the appellants in this appeal.

For the respondent, Mr. Nwoko, the learned Attorney General of Akwa Ibom State adopted the respondents brief filed on the 19th April, 2016 but deemed properly filed and served on the 20th April, 2016 as the arguments of the respondents in this appeal.

Chief Eyo submitted 3 issues for determination which were adopted by the respondent. They are as follows: