Nse Udo Ntita Vs The State (1993)

LawGlobal-Hub Lead Judgment Report

KUTIGI, J.S.C. 

In the High Court of Cross-River State holden at Ikot Abasi, the appellant was charged as follows –

“Statement of Offence

Murder contrary to Section 319(1) of the Criminal Code.

Statement of Offence

Nse Udo Ntita (alias) Nse Akpan Ekpo on the 12th day of May, 1979 at Ikot Aba in the Ikot Abasi Judicial Division murdered Okon John Okpoho.”

He pleaded not guilty to the charge. The prosecution called a total of five witnesses to prove its case while the appellant testified in his own defence but called no witnesses. The facts on which the prosecution relied and the events which led to them may be summarised as follows –

In the night of 12th day of May, 1979, neighbours of the appellant including his father (P.W.1) were awakened from sleep by unusual shouts by the appellant calling on “God of Sabbath; Power of Sabbath” uncountable times. When the appellant saw his father, the appellant asked him for forgiveness. The appellant also asked his father to give him palm oil to drink which his father was persuaded to do. Shortly after, the appellant gripped his father until the latter was rescued by his (father’s) brother. The appellant ran into his father’s house and forced the door of his room open.

Next, the appellant was seen running all over the place with only his underpant on. He knocked down one of the neighbours and held him for about 30 minutes until the neighbour freed himself from the appellant’s grip. The appellant finally ran to the Sabbath Church, rattled and knocked down the door of the church. When one Mfon John (P.W.5) and Okon John Okpoho (deceased) tried to challenge the appellant, the appellant suddenly gave P.W.5 a blow and flung something at the deceased. Both P.W.5 and the deceased took to their heels. The appellant chased them. He was able to catch up with the deceased. He gave him a blow with an iron rod in consequence of which the deceased fell and died on the spot. In the post mortem examination report (Exhibit A), the cause of death was certified thus –

” severe brain Laceration or damage and haemorrhage as a result of direct external violence or blow by some blunt instrument.”

The appellant in his statement to the police (Exhibit C) denied attacking the deceased with an iron rod. He said it was P.W.5 who did. However, in his evidence before the Court the appellant raised the defences of self-defence, provocation and insanity.

After a review of the evidence before the court and a consideration of the defences raised by the appellant, the learned trial Judge. Akpabio J., (as he then was) found the appellant guilty as charged and sentenced him to death.

Dissatisfied with the decision of the trial court, the appellant appealed to the Court of Appeal, Enugu Division on four (4) grounds of appeal. They read as follows-

“1. That I was not myself when I committed the offence of murder. I had no quarrel with my uncle whatsoever that can warrant such havoc.