Akwa Ibom State High Court sitting in Ikot Ekpene has discharged and acquitted a 52-year-old-man, Udo Effiong George, of murder.
The Court presided over by Justice Ntong Ntong, held that the prosecution failed to discharge the burden of proving the guilt of the accused, beyond reasonable doubt
In a one and a half hour judgment delivered today, Justice Ntong held that “the evidence of the father of the deceased, Mr. Sunday Umoren, created a large gulf that put the Court in doubt on who actually killed his son.”
The judge resolved the doubt in favour of the accused person, a palm wine tapper from Ikpe Ikot Akpan in Essien Udim Local Government Area.
Justice Ntong said the totality of the evidence of the prosecution witnesses is predicated on suspicion, as the father of the deceased cannot tell the Court who killed his son.
He observed that the Police did not present vital witnesses, as the two Police officers, who investigated the matter, gave hearsay evidence.
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Justice Ntong said Police investigation in a criminal proceeding is to assist the Court to unravel the truth of the matter in order to do substantial justice to the deceased, whose blood is crying for vengeance, the accused, who is constitutionally presumed innocent, and the State, whose population is depleted by the unlawful killing of its citizen.
The judge said he believed the evidence of the father of the deceased that his son, James Sunday fell down on his own and died before the accused used a bamboo stick to beat him.
The Court held that the evidence of the accused that he met the father of the deceased and one of his sons, beating the deceased for embarrassing their family, by walking naked in the village, was not challenged, neither was the evidence that the deceased was epileptic and a sickle cell patient was challenged.
Justice Ntong said the evidence left him with a blurred vision as to who killed the deceased and cannot act with speculation, imagination, and aggravated doubt or sentiment to convict the accused person.
