Ubong Sunday Akpakpan V. The State (2016)

LawGlobal-Hub Lead Judgment Report

CHIOMA EGONDU NWOSU-IHEME, J.C.A.

The Appellant in this Criminal appeal was arraigned before the High Court of Justice, Abak in the Abak Judicial Division of Akwa Ibom State, presided over by Joseph E. Ekanem, J, (as he then was) on an information of a one count charge of murder contrary to Section 326(1) of the Criminal Code, Cap. 38 Vol. 2, Laws of Akwa Ibom State, 2000.

At the close of the prosecution’s case the Appellant entered his defence and was subsequently convicted for the offence of murder and sentenced to death. The Appellant aggrieved by the said judgment has appealed to this Court.

A summary of the case as presented by the prosecution was that the Appellant, Ubong Sunday Akpakpan was charged along with two others, Monday Akpan Udom and Francis James Inyang before the Abak judicial Division of the Akwa Ibom High Court on a one count charge of Murder. Consequent upon a Ruling on no case submission, the two other accused persons were discharged while the Appellant entered his defence and was subsequently convicted.

The prosecution’s case was that on or about the 5th of August, 2008 at Obong Atai

1

Essien village, Etim Ekpo in Abak Judicial Division, the Appellant unlawfully killed his two children, Ekaete Ubong Sunday and Anyan Ubong Sunday aged 3 years and two years respectively.

Elder Emmanson who testified as PW 1 stated that the Appellant is his nephew who used to bring his two children to his house. After a while the children stopped coming and when the Appellant was asked the where about of his two children, he had nothing cogent to say. A search was conducted and the children were confirmed dead. He stated that the Appellant has never been insane.

PW2’s testimony followed the pattern of PW1. Chief Sambo Udo Uron who testified as PW 3 stated that the Appellant admitted killing his children and that the corpses were found inside a well. Dr. Igbemi Arthur (PW 4) who performed the post-mortem examination on the two corpses made a diagnosis of death by drowning.

The investigating police officer (PW 5) stated that the Appellant took him to the swamp where the bodies of the two children were found in a pond. The statements of the Appellant and the post mortem report, Exhibits 1- 5 were tendered through PW 5.

?At the conclusion of

2

hearing, the trial Judge in his judgment believed the case of the prosecution and disbelieved the defence of insanity presented by the Appellant. This appeal is predicated on that judgment.

Chijioke O. P. Emeka Esq of counsel for the Appellant in his brief, distilled three issues for determination as follows:
“1. Whether the prosecution discharged the burden of proof necessary to establish the offence of murder against the Appellant.
2. Whether it was right for the learned Trial Judge to convict the Appellant on Exhibit 3, the first extra-judicial statement allegedly made by the Appellant.
3. Whether the Appellant possessed the requisite Mens Rea to commit the offence of murder for which he was convicted.”