Uko Ikono V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A. (Delivering the Leading Judgment)

This is in respect of an appeal against the judgment of the High Court of Akwa Ibom State, Uyo Judicial Division delivered on the 25th November, 2013 by Stephen Okon J.

The appellant was arraigned on a one count charge of murder contrary to Section 326 (1) of the Criminal Code Cap 38, Vol 11 Laws of Akwa Ibom State of Nigeria. The particulars of offence stated as follows:

Uko Ikono and another still at large on the 12th January, 2012 at Ubon Akwa in Obot Local Government within Ikot Ekpene Judicial Division murdered Okon Sam Achukwu (m).

The appellant pleaded not guilty to the charge and at the trial the prosecution called 5 witnesses while the appellant testified from the witness box in his defence. After taking final addresses of counsel, the learned trial judge in a considered judgment found the appellant guilty as charged, convicted and sentenced him accordingly.

Exercising his right of appeal, the appellant filed a Notice of Appeal on the 3rd of February, 2014 containing 4 grounds.

At the hearing of the appeal, Mr. Usen the learned counsel for the respondent

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raised a preliminary objection filed on 16th September, 2015 and adopted the arguments contained on pages 1-5 of his respondents brief filed on the same 16th September, 2015 but deemed properly filed and served on the 30th September, 2015 as his arguments on the objection.

Mr. Ojiako, the learned counsel for the appellant opposed the preliminary objection and adopted the arguments contained in the appellant?s reply brief filed on 13th January, 2016 but deemed properly filed and served on the 9th February, 2016 as the appellant’s arguments in opposition to the objection.

It is appropriate therefore that the take off point shall be the preliminary objection.

In the preliminary objection, the respondent seeks the following reliefs:

1. An order striking out Ground 2 of the Grounds of appeal contained in the Notice of Appeal dated 30th January, 2014 together with the particulars of the ground and the issue B distilled from the said Ground 2 for being incompetent.
2. An order striking out Ground 3 of the Grounds of appeal together with issue C distilled therefrom for being incompetent.

?The grounds for the sought reliefs were

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