Surv. Emmanuel B. Akpan V. The State (2016)

LawGlobal-Hub Lead Judgment Report

CHIOMA NWOSU-IHEME , J.C.A. 

This criminal appeal was filed by the Appellant who was arraigned before the High Court, Uyo Division of Akwa Ibom State presided over by Andrew Okon J, on an information of two count charge of conspiracy to commit murder contrary to Section 331 of the Criminal Code Law, Cap. 38, Vol. 2, Laws of Akwa Ibom State, 2000 and also attempted murder contrary to Section 327 of the same Criminal Code.

In a considered judgment delivered on the 18th of March, 2013, the Appellant was found guilty of conspiracy to commit murder and sentenced to Two years imprisonment or a fine of N300,000.00. The Appellant was acquitted on the second count of attempted murder.

The Respondent (The State) being aggrieved by the low term of imprisonment in Count One for conspiracy, cross appealed against the sentence. The Respondent also cross appealed on count two following the acquittal of the Appellant on a charge of attempted murder.

A summary of the case as presented by the prosecution (Respondent) at the trial Court was that on the 28th of January, 2008, the Nigerian Institute of Surveyors Akwa Ibom State branch where

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the Appellant and his co-convict were members held a meeting, the Executive and the General meeting. The Appellant who was said to have been removed as a secretary of the branch in July, 2007 attended the meeting and insisted on sitting with the Executive despite his removal.

Mid-way into the General meeting, the first convict Surveyor Ebong Uyah came into the meeting with a machete, which naturally caused a stir. The State Surveyor General who later testified at the trial Court as PW4 inquired from Ebong Uyah why he came into the meeting with a machete. The said Surveyor Ebong Uyah responded by saying that he did not come for the meeting but that he came to kill Surveyor Bassey James Akpan (PW1).

At that point, the Appellant was said to have verbally abused the Surveyor General and asked if he did not know that Bassey James Akpan (PW1) was starving and killing the 1st convict Surveyor Ebong Uyah by not issuing him with beacon stone numbers for his survey practice. He said there was nothing wrong with the first convict, Surveyor Ebong Uyah coming to the meeting to kill Surveyor Bassey Akpan.

?After the meeting, other members headed home, the first convict Ebong

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Uyah followed Surveyor Bassey Akpan to his office and attempted to carry out his threat. He aimed at Surveyor Bassey Akpan’s head, but the said Bassey Akpan raised his hand and the first convict gave him a machete cut on his hand.
While the victim was bleeding from the machete cut, the Appellant who had openly supported the threat to kill Bassey Akpan still went into the victim’s office, held him and pushed him against the wall despite the fact that he was already bleeding from the machete cut. The Appellant was found guilty of conspiracy to commit murder and discharged and acquitted on attempted murder. This appeal is predicated on the said judgment convicting the Appellant of conspiracy to commit murder.

Learned counsel for the Appellant/Cross Respondent Essien Andrew Esq. distilled one issue for determination thus:
(1) ?Whether on the weight of the evidence adduced the Learned trial Judge was right in this case to convict the Appellant for conspiracy to commit murder.”

The Respondent/Cross Appellant’s counsel Anietie Inyang Esq., Assistant Director, Ministry of Justice, Uyo, Akwa Ibom State also distilled one issue on the main Appeal thus:(1)