Oduok Daniel Jimmy V. The State (2009)

LawGlobal-Hub Lead Judgment Report

NWALI SYLVESTER NGWUTA, J.C.A.

This is an appeal against the judgment delivered by the High Court of Justice, Akwa Ibom State, Eket Judicial Division on 30/3/06.

Appellant was charged with murder contrary to Section 319(1) of the Criminal Code Cap 31 Vol. 2 Laws of Cross River State as applicable in Akwa Ibom State.

The particulars of the offence charged read as follows:-

“Oduok Daniel Jimmy on the 5th day of December, 1998 at Effoi Village, Eket, in the Eket Judicial Division unlawfully killed Aniefiok Joseph Bassey.”

Appellant joined issues with the state, before Okon J. on 22/3/2000. After calling five witnesses the State closed its case on 7/8/2002.

The appellant testified in his defence and called one other witness, DW2.

The case was adjourned many times for the defence to call its 3rd witness but no 3rd witness came to testify.

On 16/2/2005 learned Counsel for the appellant informed the trial Court that “There is no need to call Dw3. I announce that the case for the accused is closed”. (See page 102 of the records). The Court adjourned the case to 13/4/2005 for Counsel’s written addresses. After further series of adjournments at the instance of learned Counsel for the appellant the case was once more adjourned this time for a rejoinder on point of law.

On the 26/1/05 to which the case was adjourned at his instance to reply on points of law, learned counsel for the appellant was absent and did not write the Court to excuse, or explain his absence on the date he consented to for his rejoinder. The record of the Court, page 119, showed

“The accused Counsel is absent without any explanation to the Court. It may well be he has no rejoinder on point of law to make. It is usually not mandatory that rejoinder on point of law must be made. If there is no rejoinder on point of law none can be made. The case is adjourned to 30/3/2006 for judgment.”

In the judgment delivered on schedule, the trial Court painstakingly and exhaustively reviewed the case of both parties and addresses of Counsel and concluded as follows:-

“On the totality of the evidence before me. I am satisfied that the prosecution has proved its case beyond all reasonable doubt against the accused.”

See page 151 of the records.