An Ikot Ekpene High Court in Akwa Ibom State has discharged and acquitted a 40-year-old man who was accused of killing his cousin, Sunday David, on 4th June, 2014.
Samson Okon Ekpe, a farmer from Ikot Ukam in Obot Akara Local Government Area, has been standing trial for murder in the last eight years.
He told the Court that he caught his cousin stealing cassava from someone’s farm in the village and after begging him, he assured his cousin that he would not expose his shameful act to the public or the owner of the cassava farm.
The accused person said his cousin was not satisfied with his assurance and decided to attack him along with his children with matchet prompting him to embark on self defense to save his own life.
In a one-hour judgment, the trial judge, Justice Ntong Ntong said he believed the evidence of the accused person, saying “self defense is absolute and complete in that, the law excuses a killing, if the killer had reasonable grounds for believing that his own life was in danger.”
He blamed the Police for carrying a shoddy investigation which cast doubts on the mind of the Court as to how the deceased died.
According to him, the two Police officers who investigated the case stayed in the comfort of their offices to write hearsay statements which they presented to the Court as evidence.
Justice Ntong held that in a charge of murder, the burden is on the prosecution to prove to the satisfaction of the Court that the deceased died and the death was caused by the accused person with an intention to kill him.
He said the Prosecution failed to call the 10-year-old son of the deceased whom the Court described as “a vital witness” who would have been in a better position as an eyewitness to tell the Court how his father was murdered.
Justice Ntong said “life is precious and no Court will readily convict or sentence an accused person based on public outcry, sentiment or suspicion.”
The Court dismissed the case and found the accused not guilty.
The defense counsel, Barr. Barr Nsikak Akai described the Court as the last hope of a common man.
© Harrison Essien
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