This is an appeal against the judgment of the Calabar Division of the Court of Appeal. The Appellant was charged, before the High Court of Akwa Ibom State, Itu Judicial Division, with the offence of murder. The case of the prosecution was that, on the 5th day of August, 2010, along Nasarawa goat Market Road, Itam, Appellant murdered one Idongesit Okon Tom. The Appellant was a police constable who was on patrol duty with four other police officers from D division, Itam, Uyo. In the course of duty, the appellant conducted a stop and search and eventually stopped the deceased, Idongesit Okon Tom, who had no particulars for his motorcycle, which resulted in the motorcycle being impounded in the police vehicle. The team was headed by PW1, ASP Magdiel Douglas Peison, who directed all the police officers to put the deceased motorcycle without particulars into the police vehicle and for the police officers to enter the police vehicle to move the impounded motorcycle to the police station. While the vehicle was about making a U-turn, the Appellant deliberately jumped down from the van, cocked his gun- AK47 rifle, and shot at the deceased. The bullet hit the tarred floor, ricocheted and pierced through the deceased's stomach, who died two weeks later in the hospital. The Appellant testified for himself, claiming that he was attacked by the deceased, and his rifle accidentally discharged. The oral evidence of the Appellant was contrary to what he said in his extra-judicial statement to the police with regard to how the gun was fired. The Appellant stated in one breath that the trigger was pulled during a struggle, and in another breath stated that he cocked the rifle and fired same. In its judgment, the trial judge disbelieved the evidence of the Appellant, found him guilty of manslaughter and sentenced him to life imprisonment. Dissatisfied, appellant appealed to the Court of Appeal, while the respondent filed a cross-appeal. The Court dismissed the appeal of the appellant and allowed the cross-appeal filed by the respondent, substituting the life imprisonment imposed by the trial Court, with a sentence of death for murder. Appellant further appealed to the Supreme Court.

MARY UKAEGO PETER-ODILI, J.S.C. (Delivering the Leading Judgment)

In conclusion, the Supreme Court dismissed the appeal.

Lawrence S. Oko-Jaja, Esq , with him iMalcolm K. Ikyegh, Esq. For Appellant(s) Joseph Umoren, Esq, ( DPP, MOJ Akwa Ibom) with him Godwin Udom, Esq, (ACSC )and Akaninyene Akpan, Esq. (ACSC) For Respondent(s)

EVIDENCE - CROSS-EXAMINATION - FAILURE TO DISCREDIT OR CROSS-EXAMINE A WITNESS - Effect of evidence that is not denied/challenged/discredited under cross-examination

EVIDENCE – CROSS-EXAMINATION – FAILURE TO DISCREDIT OR CROSS-EXAMINE A WITNESS – Effect of evidence that is not denied/challenged/discredited under cross-examination

PRINCIPLE

SUBSCRIPTION REQUIRED! Log In or Register Now

Dear Esteemed Visitor

Thank you for your interest in LawCompass™. Unfortunately, you are currently logged out. To access our exclusive repository of premium legal insights, please Log In to your account.

If you’re not yet a premium member, consider Registering Now for unlimited access to our extensive collection of Cases, Laws, Rules/Forms, and more.

Best regards, LawCompass™.

You are here:

Home
PRINCIPLE
EVIDENCE – CROSS-EXAMINATION – FAILURE TO DISCREDIT OR CROSS-EXAMINE A WITNESS – Effect of evidence that is not denied/challenged/discredited under cross-examination

My LawKitShare

No bookmark found

EVIDENCE – CROSS-EXAMINATION – FAILURE TO DISCREDIT OR CROSS-EXAMINE A WITNESS – Effect of evidence that is not denied/challenged/discredited under cross-examination

See Also:

Table of Contents

My LawKitShare