Ofonime Usua Udom V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ONYEKACHI AJA OTISI, J.C.A. (Delivering the Leading Judgment)

This is an Appeal against the Judgment of Honourable Justice Stephen E. Okon, sitting at the High Court of Justice Akwa Ibom State, in the Ikot Ekpene Judicial Division, delivered on June 24th, 2013, wherein the Appellant and four others were convicted of murder of one Okon Tom Akpan contrary to Section 362(1) of the Criminal Code Cap 38 Volume II, Laws of Akwa Ibom State of Nigeria 2000, and as a result sentenced to death by hanging.

?The Appellant, who was the 3rd accused person and four others were arraigned on March 23, 2004 on a one Count charge of murder contrary to Section 326(1) of Criminal Code Cap 38 Volume II Laws of the Akwa Ibom State of Nigeria, 2011, with particulars which read thus:

Unyime George Udofia, Daniel Edet Daniel, Ofonime Usua Udom, Nsikak Usua Udom and Etim Etim Udo, on the 5th day of July, 2003 at Abiakpo Edem Idim, Ikot Ekpene in Ikot Ekpene Judicial Division murder Okon Tom Akpan.

The trial suffered a chequered history. The Appellant and other accused persons were initially arraigned on March 23, 2004 before Justice Idongesit Ntem Isua who unfortunately did

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not conclude the trial. The trial commenced de novo before two other Judges but suffered the same fate. The case again commenced de novo before Honourable Justice Stephen E. Okon on July 16, 2009, who now heard and determined same.

The prosecution in proof of its case called three witnesses PW1, Emem Alphonsus Udoh; PW2, George Essien Udofia, father of appellant, and PW3, Dr. Ido Friday, a Medical Practitioner. On March 25, 2013, Sir Nsemeke Daniel, of Counsel, who appeared for the Appellant informed the trial Court that:

“The 3rd and 4th accused have nothing to say.

They have no witness.”

In other words, the Appellant did not defend the charge.

The facts of this case as can be gleaned from the evidence of the prosecution witnesses in the Record of Appeal are that the Appellant and the four co-accused persons went to the house of the deceased, Okon Tom Akpan, a drycleaner, on the July 5, 2003 in the night and deceived him into opening his door for them on the pre that one of them, Etim Etim Udo, who was the 5th accused person, needed to collect his clothes given to the deceased for dry cleaning, for use the following morning. Upon

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opening the door, the Appellant and his co-accused persons, dragged the deceased out of his house, beating him with all forms of dangerous weapons such as clubs, sticks, and stabbing him with a dagger and machete. They dragged the deceased to the house of father to the Appellant, who testified as PW2 where they beat the deceased to death. They took the corpse out of the compound but abandoned the corpse on the road side and ran away after they were intercepted on the way by some villagers. The corpse of the deceased was later recovered by the police and deposited at General Hospital, Ikot Ekpene, where post mortem examination was conducted. PW1, an eye witness, had identified the Appellant as one of the persons responsible for the death of the deceased.