The deceased mum later made a complaint to the Police hence the arrest of the accused. After
investigations, the accused was charged to court on a one count charge of murder contrary to Section
326(1) of the Criminal Code Cap 38 Vol. II Laws of Akwa Ibom State of Nigeria. At the trial, the accused
pleaded 'Not guilty' and the trial commenced.
The prosecution called two witnesses, who testified in chief and were cross-examined. The trial Judge
was thereafter transferred. Trial started de novo in another court. In the second court, the two
witnesses did not testify again. However, their testimonies were tendered by the ACR of the court as
Exhibit B. After that, the Doctor and the Investigating Police officer testified as pw 1 and pw 3
respectively and the prosecution closed its case.
The accused testified as DW1 and called no other witness in defence of his case.
Both counsel for the parties filed and adopted their written addresses. At the end of which the learned
trial Judge delivered his considered judgment and found the Appellant guilty as charged, hence this
appeal.
The Appellant filed his notice of Appeal with a Further Amendment on the 22nd of October, 2013.
The Appellant filed his appellant's brief on the 22nd of October, 2013 and the Appellant's reply brief on
the 4th of February, 2014. In the Appellants brief, counsel articulated four (4) issues for determination.
They are namely thus:
ÂÂ
1. Whether the judgment is unreasonable and cannot be supported having regard to the evidence.
2. Whether the Learned Trial Judge erred in law when he relied upon the hearsay evidence of Inspector
Monday Nnah (PW3) and Exhibit 'B' to convict the Appellant.
3. Whether the Learned Trial Judge erred in law when he admitted the proceedings/evidence that were
taken by Honourable Justice A. E. Archibong when same was not certified by Honourable Justice A. E.
Archibong.
ÂÂ