CaseLaw
Sam V. State (1991) CLR 4(k) (CA)
Brief
Facts
The facts of the case are these, On February 3, 1984, at Ikot Ukap, Ndiya Etinam at the home of the deceased, his wife the appellant was picking palm fruit when the deceased demanded to know why she did not prepare his lunch but instead went over to her brother’s house. The deceased then beat up the appellant with a broom stick. He fell down in the process and his matchet fell off him to the ground. The appellant picked up the matchet and dealt the deceased several matchet cuts on the knee, head, back of the neck and heels. The back bone was also badly cut. He died on the spot and was immediately and secretly buried in a shallow grave. The appellant and her son Godwin Akpan Sam made statements to the police.
The defence version was that of total denial. The appellant denied the charge. Her story was that she was away to the farm and on her return she found her husband dead. That was when she went to inform PW1 Bassey Sam Ubon the deceased’s brother. The appellant admitted making Exhibit G’s statement which she made to the Police on February 6, 1984. She however denied making Exhibit ‘F’ made on February 16, 1984.
The prosecution called seven witnesses. Of all the witnesses only PWS Ubong Akpan San a child of the deceased gave unsworn testimony of what actually happened that fateful day. In addition to this the prosecution was predicted and founded on the appellant’s own statements Exhibit ‘F’ and ‘G’, which the learned trial Judge adjudged and acted upon as a voluntary confession.
The appellant who gave evidence denied the charge. But in a reserved judgment the learned trial Judge, as I have already indicated, relying solely on Exhibits ‘F’ and ‘G’ convicted the appellant and sentenced her to death.