The facts briefly stated, are that the Appellant and six others, were originally charged before the Chief Magistrate's Court, Eket for the murder of the deceased- one Akpan Ekpa. The case was struck out for lack of jurisdiction and all the seven accused persons, were discharged. When they were about to be re-arrested, four of them escaped and police succeeded in re-arresting three of them of which one of them died in prison custody. At the instance of the prosecution, the trial High Court, deleted the names of the 2nd, 3rd, 5th 6th and 7th accused persons which included the 3rd accused person who had died, from the charge sheet thus leaving the 1st accused- one Morris Ekpo Enoidem and the Appellant who pleaded not guilty to the charge. The prosecution called six witnesses while the 1st accused and the Appellant, testified on their own behalf and called no witness, 'the Appellant denied the charge. At the conclusion of the trial, the trial Court, in a well considered judgment, discharged and acquitted the 1st accused person on the ground of insufficient strong evidence to convict him. The Appellant, was however, convicted and was sentenced to death by hanging. Dissatisfied with the decision of the trial Court, the Appellant appealed to the Court below that affirmed the said decision of the trial Court, hence the instant appeal to this Court.