1 month ago
16
Reprieve has travel the mode of a landlord successful Uyo, Akwa Ibom State, identified arsenic Michael Archibong Udo, pursuing the palmy entreaty of his decease condemnation and beingness imprisonment for allegedly being liable for the decease of his tenant, Grace Okon.
Udo’s sojourn to the situation began erstwhile his fowl was killed by an chartless person. The incidental forced him to spot a curse connected the alleged killer(s) of the bird.
He reportedly invoked spiritual powers to sojourn the aforesaid ill-treatment meted retired connected his vertebrate connected those down its death.
Thereafter, the pistillate (Grace Okon) died and Udo was arrested for being down her decease done his earlier pronouncement (curse).
But Udo, until his palmy entreaty successful lawsuit No. CA/C/349c/2020, had spent 17 years successful jailhouse aft being convicted with 2 different defendants successful a judgement delivered connected 9th March, 2017, connected the offences of conspiracy and execution charged nether Section 556 (1) and 326 (1) of the Criminal Code, Cap 38, Vol. 2, Laws of the Akwa Ibom State of Nigeria, 2000.
According to the particulars of the case, made disposable to LEADERSHIP, Udo was arrested by the constabulary connected 19th July, 2006, pursuing the decease of Grace Okon, 50. The deceased was a neighbour to the freed convict, Udo, whose location is located astatine No 4C Old Ring Road, Uyo.
The deceased had packed into the spot arsenic a neighbour little than 3 months earlier her decease connected 11th May, 2006. She was recovered dormant successful her house, kneeling connected her furniture arsenic if she was praying.
Before the precocious Grace was recovered dead, she was said to person had issues with Udo implicit his dormant fowl. Udo, who visited his spot occasionally from his basal successful Edina Uford, Cross River State, had accused her of being liable for the fowl’s death.
The substance was reportedly settled arsenic Udo had accepted N1 cardinal arsenic compensation earlier returning to his basal successful Cross River State.
However, earlier the settlement, helium was accused of waving the dormant vertebrate and promised that “whoever is liable volition besides dice similar the fowl.” And erstwhile Grace died aft immoderate time, helium was accused of utilizing diabolical powers to termination her, arsenic helium had earlier declared.
However, the proceedings of the lawsuit astatine the little tribunal revealed that the 1st, 2nd and 4th respondents, who were tenants to Udo, had fled aft the apprehension of their landlord, but were aboriginal arrested, tried and convicted alongside Udo for conspiracy and murder.
The autopsy of Grace Okon, which was carried retired by Dr. Anthony Leo Umanah, attributed her decease to “blunt trauma with utmost exhaustion.”
But the proceedings justice astatine the little tribunal successful his considered judgement, delivered connected 9th March, 2017, recovered Udo blameworthy of conspiracy and execution of the deceased.
His judgement read: “In the lawsuit of the 1st and 4th accused, I wholly judge the grounds of PWs 4 and 6 successful conjunction with the connection of the deceased made to the constabulary earlier her death, that is Exhibit F.
“The grounds of the PW 4, who lived with the deceased anterior to her death, is apt; helium collaborated connected the issues raised by the deceased successful Exhibit F.
“I judge that the 1st, 3rd and 4th accused formed a communal volition to execution the deceased and really murdered her connected 11th May, 2006, taking vantage of the information that she was unsocial successful the location connected the fateful day, PW 4 having gone backmost to school. It is besides against the forging inheritance that I find the 1st, 3rd and 4th accused persons blameworthy arsenic charged,” helium had ruled.
Not satisfied with the little court’s judgment, Udo’s counsel approached the Court of Appeal, Calabar Judicial Division. His announcement of entreaty was filed connected March 21, 2017.
LEADERSHIP checks revealed that successful his 2 grounds of appeal, helium urged the appellate tribunal to determine: “Whether the little tribunal was close to person wholly ignored the alibi timeously raised by the appellant and consequently convicted and sentenced the appellant to imprisonment/death.
“Whether the judgement of the tribunal is supported by credible grounds connected record.”
Arising therefrom, successful their judgement, the learned Justices Muhammed L. Shuaibu, Donatus U. Okorowo and Justice Oyejoju O. Oyewumi, noted that “the load of proving the guilt of a suspect for the offence helium was charged with beyond tenable uncertainty is discharged erstwhile the prosecution proves by grounds the constituent oregon constituent of the offences charged, and that the guilt of the suspect is proved, either done an oculus witnesser account, circumstantial grounds oregon a confessional connection of the defendant.”
The appellate tribunal which faulted the little court’s admittance successful judgement that “Much arsenic determination is nary nonstop grounds of conspiracy and execution of the deceased, Grace Okon, against the 1st, 3rd and 4th accused persons, circumstantial grounds against them is specified that the cour...
English (US) ·