CORAM

PARTIES

APPELLANTS

THE STATE RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Appellant with his son allegedly beat up the deceased to death in the night of October, 2010. The attack was witnessed by the wife of the deceased who gave an eyewitness account that the deceased was attacked with sharp objects, which left him with fractured legs and ribs injuries-. After he was taken to Ikot Ekpene General Hospital, it was medically advised that the two legs of the deceased be amputated. However, the relations of the deceased took him rather to a traditional bone setter where an infection set in. He was eventually taken to a Christian Hospital where he gave up the ghost. The Appellant was arraigned before the High Court, and trial commenced. The trial Court notwithstanding the clear statement in Exhibit B attributing the immediate cause of death of the deceased “to be septicaemia from poorly managed bilateral open fracture -“, nonetheless convicted the Appellant for the murder of, the deceased. The Appellant appealed to the Court of Appeal, which affirmed the conviction and sentence of the Appellant, hence this further appeal.

HELD

Appeal Allowed

ISSUES

Whether in the circumstances of this case and considering the provisions of Section 55(1) of the Evidence Act, Cap E14 LFN 2011, the learned Justices of the Court of Appeal were right when they affirmed the trial Court’s finding and reliance on “Exhibit B” which was the purported autopsy report conducted on the deceased. Whether considering the facts of this case and the material contradictions in the eyidence of the prosecution witnesses, the learned Justices of the Court of Appeal were right in upholding the conviction of the appellant, by the Learned Trial Judge.

RATIONES DECIDENDI

CASES CITED

Not Available

STATUTES REFERRED TO

Criminal Code of Akwa Ibom State|Evidence Act, Cap E14 LFN 2011|

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