“In respect to the number one of the essential elements in a charge of murder which is that the deceased had died. In this both the prosecution through the evidence of PW1 and the defence with the testimony of the appellant himself confirmed the death of the deceased children. In fact from the record, the appellant as DW1 stated as follows:- “I know Philp Imoh Akpan. I know them as my children, They are all dead”. Under cross-examination the appellant had responded that they died in 1991. Nothing was presented in contradiction to those facts which remained uncontroverted and so the findings of the two Courts below rendering futile any attempt to disturb the concurrent findings in that regard. See Egharevba v The State (2016) Vol. LRCN 187 at 205; Akinlolu v The State (supra) Ikpo v The State (2016) Vol. 260 LRCN 77 at 110.” Per PETER-ODILI, J.S.C. at P. 11, Paras. D-F.
IMO AKPAN BASSEY v. THE STATE (2019-LCER-36861-SC)
Facts
The facts of the case leading to this appeal as could be gleaned from the record of appeal are briefly put thus:-
The case of the prosecution was that one Emem Effiong Etuk (an estranged wife of the accused (complainant) travelled to pay a visit to the accused person/appellant who was keeping custody of her two children, namely Philip Imon Akpan and Magdalene Imoh Akpan at Udem Ebom, after she was informed that the accused/appellant had relocated to Mbiabong (the last known address of the accused) to the said Ndom Ebom. It was also the case of the prosecution that the complainant did not meet the two children and when she asked of their whereabouts the appellant could not give reasonable or satisfactory explanation. Sequel to that, the complainant reported a case of child stealing at Ifia-gon Police station and the accused/appellant was thereupon arrested. The appellant initially informed the police that he sold the two children to one “Alhaji” at the cost of N100,000. The case was later transferred to the State CID where the accused person thereupon volunteered two statements, dated 16/12/2007 and 17/1/2007 both of which were tendered at the trial and admitted as Exhibits A and B respectively.
In Exhibit A, the appellant stated that he sold the two children, but further investigation revealed that he actually killed the two children to which he later confessed in Exhibit B. Both of them were aged three years at the time of their untimely death.
Investigation further revealed that the appellant threw them into the river leading to the High Sea at Oron. During the trial, the appellant as accused person, testified for his defence, wherein he stated that the cause of their death was due to accident which occurred while travelling by water with the two children in a boat. At the end of the trial the trial judge found the appellant guilty of murder and sentence him to death.
Dissatisfied with his conviction and sentence to death by the trial Court, the appellant unsuccessfully lodged an appeal at the lower Court below.
Issues
Whether the Court of Appeal was right in affirming the conviction of the appellant for murder having regard to the evidence before the Court.
Lead Judge(ment)
AMIRU SANUSI, J.S.C. (Delivering the Lead Judgment):
Held
Unanimously dismissing the appeal.
Alternate Citations
Read Full Judgment
Counsel:
C.A. Wogu, Esq……For Appellant
And
Uwemedimo Nwoko, Esq. (AG Akwa-Ibom State) with him, Joseph Umoren (DPP, Akwa-Ibom State) Godwin Udom (PSC) and Maria Akpan (SSC)…..For Respondent
For Appellant(s)
For Respondent(s)
Counsel’s Photograph(s) Needed.