CaseLaw
Edoko V. State (2015) CLR 2(c) (SC)
Judgement delivered on February 27th 2015
Brief
Facts
This is an appeal against the judgment of the Court of Appeal sitting at Calabar which was delivered on 13th July, 2009 wherein the court below upheld the conviction and sentence to death of the appellant by the High Court of Cross River State.
The facts of this case, as can be gathered from the record of appeal shows that on the 26th day of November, 2004, the appellant left Edor, his village in Ikom Local Government Area to attend the burial of one late Gregory Awam at Nkonfab, a neighbouring village. Between 10.00pm and 11.00 pm, the appellant went close to the vicinity where PW1, an eye witness to the crime and some of his friends were sitting and started smoking Indian hemp.
The deceased, Ajing Bisong who was serving food and drinks to PW1 and his friends, approached the appellant and told him to leave the area. A scuffle ensued and from the account of the prosecution, the appellant brought out a jack knife and stabbed the deceased who shouted and collapsed. The appellant, on the other hand presented two versions of the incident. In his confessional statement to the police -Exhibit B, he claimed that the jack knife fell from the deceased in the course of the struggle, he then used it to stab the deceased on the left side of his ribs. In his oral testimony in court, he stated that he was attacked by the deceased and five of his friends.
According to him, the deceased sat on top of him, removed a jack knife and they continued to struggle. That as they were struggling, the knife pierced the deceased who shouted that the appellant had stabbed him. At that stage, the appellant ran. away. PW1 rushed the deceased to the hospital but he died on their way to the hospital. The appellant was later arrested and arraigned in court after investigation. The prosecution called three witnesses to prove its case against the appellant. The appellant gave evidence in his defence and called no other witness.
The learned trial judge accepted the evidence of the prosecution especially that of the eye witness Ekom Francis Abaji (PW1). He considered but rejected the defences of provocation and self defence canvassed for the appellant.
In the circumstance, the learned trial, judge convicted the appellant of the murder of the deceased and sentenced him to death.
Dissatisfied with the verdict, the appellant appealed to the Court of Appeal which found no merit in the appeal. The lower court accordingly affirmed the conviction and sentence of the appellant by the trial High Court. Again, not being satisfied with the stance of the lower court, the appellant has appealed to this court.
Issues
Whether the court below was right to have upheld the decision of the trial court...