This is an appeal against the judgment of the Calabar Division of the Court of Appeal, hereinafter referred to as the court below, affirming the conviction and sentence of the appellant by the Akwa-Ibom State High Court of Justice, hereinafter referred to as the trial court. The trial court's judgment was delivered on the 30th day of March, 2006 while the lower court's affirmation of the said judgment is dated 27th May, 2009. The appellant was tried and convicted for the offence of murder contrary to Section 319 (1) of the Criminal Code Cap 31 Vol. 2 Laws of the Cross River State as applicable to the Akwa-Ibom State. Let me supply, very briefly, the facts of the case that brought about the appeal.

In the late 1990's, the military which, before then, had ruled the country for almost a quarter of a century out of its thirty two years post-independence existence, decided to return the country to democratic rule. The instant case is one of the many dark and unfortunate shades in the course of the country's laudable resolve and march towards a fresh democratic culture and mean of governance.

The appellant, Oduak Daniel Jimmy and Aniefiok Joseph Bassey, the deceased, belonged to rival political parties that sponsored candidates in one of the elections held in ushering the new democratic dispensation in 1999. The particular elections took place on the 5th day of December, 1998. The two who hailed from Effoi Village in Eket Local Government Area of Akwa-Ibom State, had gone to cast their votes in their respective voting centres.

It is respondent's further case that after casting his vote at the Effoi Village Hal voting centre, the appellant rather than go home, proceeded to another voting centre located at the Mary Slessor Health Centre, Effoi. There, following a disagreement between members of the PDP, appellant's party, and members of the deceased's party, the AD, voting had to be delayed for sometime. After the voting as the crowd of voters walked back to their respective residences, the appellant who had laid an ambush emerged with a matchet and dealt a fatal blow on Aniefiok Joseph Bassey leaving him with a deep cut on the left side of his neck. Bassey died instantly. His lifeless body was moved to the compound of the appellant's father. Even there, asserts the "respondent, appellant further threatened to kill PW2 with the very matchet he earlier killed Bassey. Appellant was arrested and charged to court.

Appellant's case is that Bassey's death was accidental. He claims that it was the deceased who, on their way home from the Mary Slessor Health Center, first attacked him with a matchet. A struggle, the appellant further avers, ensued and the matchet accidently cut the deceased in the neck. While the respondent called five witnesses in making out its case, the appellant gave evidence on h s own behalf and ca led an additional witness in his defence. At the end of the trial, the court having found that the respondent has proved its case beyond reasonable doubt, found appellant guilty and sentenced him to death. Dissatisfied, the appellant appealed to the court below which court in dismissing the appeal on 27th May, 2009, affirmed the appellant's conviction and sentence by the trial court.