REX v. AKPAN UDO UDO ESSIEN

The following joint judgment was delivered :-

KINGDON, C.J., NIGERIA, BUTLER LLOYD AND CAREY, JJ.

The appellant was convicted by the Assistant Judge of the Calabar-Aba Division of the High Court on a charge of murdering one Udo Udo Umoren on the 18th July, 1938 at Ohambele Road in the Owerri Province.

The grounds of appeal turn upon questions of fact, but this Court granted the application for leave to appeal on a general consideration of the record and report of the Trial Judge rendered under Rule 47 of the West African Court of Appeal Rules.

The relevant facts appear to be that on the morning of the 18th July last the deceased Udo Udo Umoren a lad of 14-16 years of age with his older brother Job set off on bicycles at 7 a.m. to go from their village Ikot Inyang to Azumini. After about an hour, Job's bicycle got punctured and the deceased went on alone. The deceased was seen that morning by a young girl, the daughter of a man married to the sister of deceased, on the back of a bicycle being ridden by the appellant in the direction of Azumini Market. That afternoon the deceased was found in the bush at the side of a path on Ohambele Bush Road by a man and a woman who were attracted to the spot by the groans of the deceased. There was blood on the head, mouth and ears of the deceased, a big log of wood resting on his neck and grass over his body. The deceased was taken to a native doctor and on the 27th July he died in consequence of certain fractures of the skull. Near the place where the deceased was found injured was a fallen tree across the path which would necessitate dismounting from a bicycle. The Appellant at midday on the 18th July had the bicycle of the deceased at a nearby market and sold it there. About a fortnight later Job the brother of the deceased found that bicycle in the possession of the purchaser and the latter pointed out the appellant as the seller. The appellant was arrested on the 5th August on a charge of stealing the bicycle and on the 7th August he was charged with the murder of Udo Udo Umoren. Another man Amos Edem Akai, arrested on the 13th August was also charged with the same murder and he and the appellant were jointly tried. The clothes worn by the appellant and Akai were found to have spots of human blood on them. The blood-spots were on the inside of the shorts worn by Akai, on the shorts worn by appellant, particularly on the inside, and also on the singlet worn by Akai.

In addition to the evidence of witnesses at t