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AKPAN AKPAN OBOT VS THE STATE

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AKPAN AKPAN OBOT VS THE STATE

Legalpedia Citation: (1972) Legalpedia (SC) 12109

In the Supreme Court of Nigeria

Fri Nov 17, 1972

Suit Number: SC. 55/72

CORAM


ELIAS CHIEF JUSTICE OF NIGERIA

FATAYI-WILLIAMS JUSTICE, SUPREME COURT

IRIKERE A.G.JUSTICE, SUPREME COURT


PARTIES


AKPAN AKPAN OBOT APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The appellant was convicted by the trial court based on strong circumstantial evidence for the murder of Mfon Ufot Udo Ikpah and sentenced to death. One of the exhibits relied on at the trial was the singlet of the accused covered with blood found at the scene of the crime, though the accuse claim to be the owner in the confessional statement made to the police but later denied this during trial. His ground of appeal was that he was insane at the time he committed the offence.


HELD


The court held that, the evidence adduced at the trial strongly link the accused with the commission of the offence charged, and there was no evidence to the contrary to the effect that the accused was insane at the time of the commission of the offence, the conviction and sentence for murder was upheld in the circumstance.


ISSUES


None


RATIONES DECIDENDI


CIRCUMSTANTIAL EVIDENCE


Where the circumstantial evidence is pointing in all direction that the accused and no other person killed the deceased, the conviction of the accused will be right in the circumstance. PER ELIAS CJN


CASES CITED


None


STATUTES REFERRED TO


None


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