Udom Sampson Udo Ukpe V. The State (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment)

The State filed information before the High Court of Justice of Akwa Ibom State holden at Abak Judicial Division on 27th February, 2008 against the following persons (1) Essential Udo Ukpe (2) Udom Sampson Ukpe (3) Joshua Ukpe (4) Annie Udo Ukpe under Section 319(1) of the Criminal code, cap.31 vol.II, Laws of Cross River state applicable to Akwa Ibom state of Nigeria for the murder of Friday Akpan Udo Udo “M”.

The offence took place at Ikot Idem Udo village in Oruk Anam Local Government Area in Abak Judicial Division on 25th November, 1989. The suspects pleaded not guilty to the charge on 13th November, 1991.

The prosecution called eight witnesses and tendered exhibits among which were the extra-judicial statement of the suspects. The accused persons testified but called no witnesses. They all pleaded alibi as a defence. The learned trial Judge E.D.U. Idiong J., discharged and acquitted the 1st, 3rd and 4th accused persons on the grounds that their alibi were not investigated by the prosecution. On 8th day of November, 1996 the learned trial Judge found the 2nd suspect (now appellant) guilty of the murder and sentenced him to death. On 14th March, 2011 this court extended time for the appellant to appeal against the conviction and sentence. Two grounds attacking the judgment accompany the Notice of Appeal filed on 10th May, 2011.

Before I consider the issues for determination may I capitulate the facts that led to the murder of Friday Akpan Udo Udo “M” as garnered from the evidence of the prosecution witnesses.

Late Chief Udo Ukpe was the father of Essential Udo Ukpe (1st accused) and Udom Sampson Ukpe (2nd accused/appellant). Joshua Ukpe (3rd accused) was a brother of the late Chief and an uncle of the appellant. Annie Udo Ukpe (4th accused) was the wife of the late Chief. The family had a land dispute with the family of late Friday Akpan Udo Udo “M”. The dispute was resolved in favour of the deceased by the Chief District Magistrate) Court, Ukanafun.

The accused persons and the deceased are all from Ikot Idem Udo village. The father of the accused persons was the village head of Ikot Idem Udo.

On 25th November, 1989 at about 1:00pm the four accused persons in company of others who at the time of arraignment were yet to be arrested, went and surrounded the compound of Friday Akpan Udo Udo (deceased). In the presence of his son (Pw2 Ufok Friday Akpan Udo Udo), PW2’s eldest sister Mandu Friday and wife (PW3 Mrs. Ima Friday Akpan): The accuseds and the others at large were armed with sticks, matchets and guns. They forced their way into the deceased’s house. The deceased ran out to Nung Oku Ibiet and took shelter in the house of Ime Akpan Offiong (PW4) about 200 metres away. The accuseds pursued the deceased to the house of PW4. PW2 gave vivid account of how his father died as follows:

“When my father escaped to the house of Ime Akpan Offiong the accused persons saw him and pursued him. I ran after the accused persons to see what they were going to do to my father. When my father got to the house of Ime Akpan Offiong he locked himself inside the room. When the accused persons got to the house of Ime Akpan Offiong they broke open Ime Akpan Offiong’s door. The Father resisted them but they overpowered him, dragged out my father, beat him and stripped him naked leaving him with pants only. They beat up Ime Akpan Offiong. The accused then dragged my father to the house of Chief Udo Ukpe, torturing him as they were going.

When they got to the house of Chief Udo Ukpe they dragged my father to back of the house. When we tried to enter the backyard of Chief Udo Ukpe’s house the 4th accused threatened to stone us if we did. Those of us who attempted to follow the accused to the backyard of Chief Udo Ukpe’s house were myself, my sister Mandu, my mother and my grand mother who, is now dead. The house of Chief Udo Ukpe was fenced round and has a gate.

When they dragged my father to the back of the house of Udo Ukpe they beat him and my father shouted calling on the names of the four accused persons. While my father was shouting the gate of the house of Udo Ukpe was locked. After my father had shouted for sometime he stopped. Later the 2nd accused person and Patrick Jack Ukpe came out from the backyard stained all over with blood. They chased us away and we ran away. At about 5p.m Ime Akpan Offiong came with some policemen. The policemen took us to the house of Udo Ukpe and forced themselves into the backyard of Udo Ukpe’s house. We went with these policemen.

After a long search for my father the police eventually saw a pit latrine over which there was a recently erected small hut. The police pulled down the small hut and when they flashed a torchlight inside the pit latrine they saw some legs. Sunday Friday Peter and Udeme Amiang were lowered into the pit and they saw some stones, sticks and earth on the body in the pit. These people then tied a climbing rope round the legs of the deceased and with this they dragged out the deceased.

When the body of the deceased was dragged out I noticed that the right eye of the deceased was plucked out, there were stab wounds on the forehead and bruises all over the body. The deceased was also tied all over with the tie, tie ropes. I recognized this corpse to be that of my father. The police then carried this corpse to the Ikot Okoro General Hospital. At the hospital a postmortem examination was conducted on the body by a medical doctor. The deceased was then taken home for burial. I made a statement to the police in connection with this incident.

Before this incident there was a quarrel between my father and the family of the accused persons. The quarrel was over land. The matter was taken to the District Court and judgment was given in favour of my father.”