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CaseLaw

Igri Vs. State (2012) CLR 6(e) (SC)

Judgement delivered on June 15th 2012

Brief

  • Confession
  • Confessional statement
  • Conviction
  • Commission of a crime
  • Burden of proof
  • Trial within a trial

Facts

This appeal is against the judgment of the Court of Appeal, Calabar Judicial Division (lower court) dismissing the appeal against the judgment of the High Court (trial court) silting at Ugep Judicial Division that convicted and sentenced the appellant and his co-accused to death by hanging for the grisly murder of one Mary Obongha Inah (deceased).

The facts of the case are that the appellant and a co-accused one Ekpo Obongha Mbang were arraigned before the trial court at Ugep for the murder of one Mary Obongha Inah on 13/4/2001 contrary to Section 319(1) of the Criminal Code Law of Cross-River State. The appellant pleaded not guilty to the charge. The prosecution opened its case and called 6 (six) witnesses to prove the charge preferred against the appellant (and his co-accused) who testified in his defence but called no witness. At the conclusion of the trial, the appellant and the co-accused Ekpo Obongha Mbang both having been found guilty of the murder of Mary Obongha Inah were each sentenced to death by hanging.

Dissatisfied with the conviction and sentence, the appellant has now appealed to this court as per a Notice of Appeal filed on 16/4/2009 in which he has raised 2 (two) grounds of appeal from which issues for determination have been distilled. Both sides to this matter have filed and exchanged their respective briefs of argument.

Issues

  • 1
    Whether from the circumstances of this case, the alleged confessional...
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