Akwa Ibom: Man sentenced to death for friend’s murder

By Ndon Asian

In a thoroughly detailed judgement, Justice Bassey Nkanang of Akwa Ibom State High Court, Uyo, Nigeria, on Tuesday December 17, 2024 sentenced one Akpanikoabasi Okon James to death by hanging for the gruesome murder of his friend.

Ephraim Edet Okon, aged 22 years was murdered in 2021 along Gibbs Street, Uyo – the Akwa Ibom State capital over a debt owed him by Akpanikoabasi.

On the date of the incident, the deceased Ephraim reportedly approached his friend who had bought a Lexus Jeep, demanding that he refund the debt said to be less than a hundred thousand naira to him.

Akpanikoabasi allegedly refused.
He is said to have told the deceased, during arguments, that he will kill him and nothing will happen.

Report has it that shortly after the threat, he reversed his jeep, approached his friend at top speed, hit him directly while the force lifted the deceased to the front bonnet as his head smashed into the front windscreen.

He then drove for a distance, applied break for the body to fall down, and he drove over him.

He immediately drove to the Nigerian Security and Civil Defence Corp (NSCDC) office at Ekpanya Street, Uyo – off Ikot Ekpene road.

The then office was farther away from the Area Command of the Nigeria Police Force within the proximity of Gibbs Street where the incident occured. He was advised by NSCDC officers to report to the police.

At the police station he claimed, according to one of his statements, that he encountered two robbers armed with Axe and Guns who attempted to robb him.

By the time the remains of his friend was rushed to the hospital, he was pronounced dead.

The State preferred a lone count charge of murder against Akpanikoabasi.

The Director of Public Prosecution, F J Itim led Glory Ekefre Esq. for the State, while Barr Ekpenyong Ntekim, a former Attorney General and Commissioner for justice in Akwa Ibom State led Eyo Okon Esq and Mrs Unwana Udoh Esq for the defense.

No fewer than 13 Exhibits were tendered and admitted as Exhibits, including undated statements of the 1st and 2nd Prosecution Witnesses, Post mortem Report, Statement of the Accused and Police Investigation Report, Affidavit of Facts for withdrawal of the case, Settlement Report. It also included an an MOU.

While the Prosecution called 4 witnesses including the Pathologist – Dr Emeka Nwafor and the Investigating Police Officer (IPO), the defense called only 2 witnesses which included the accused.

The defense depended heavily on the settlement report which claimed that the sum of 11 million Naira was paid to the father of the deceased for an out of court settlement and withdrawal of the case from court.

Ntekim insisted that it amounts to double jeopardy for continued prosecution after the matter has been settled, compensation paid and the father of the deceased forgiven the accused.

On the allegation of collecting the sum of 11million Naira as precondition for out – of – court settlement, the father of the deceased said in an exclusive interview that he never collected such money, and could not have been party to such arrangement.

He said he had begged for an opportunity to testify as a witness, but was declined on the grounds that his name was not front loaded as a witness from the beginning, insisting no such thing ever happened.

F J Itim argued that double jeopardy does not avail in the circumstance as the accused had not been tried and convicted on the same matter.

He pointed out that the matter is now in the hands of the State, and that it is not in the power of the family to withdraw the case as such action lies with the Attorney General and Commissioner for justice.

Delivering judgement, Justice Nkanang dealt with the argument of double jeopardy before determining whether the Prosecution has proven its case beyond reasonable doubt as demanded by both the Defense and Prosecution.

On double jeopardy as canvassed by the defense, the judge pointed out the true position in the following way:

“the power to decline prosecution is exclusively that of the Attorney General and Commissioner for justice in line with the constitution of Nigeria 1999 as amended. In the instant case, the defense has not proven the case of double jeopardy since the three principles of double jeopardy has not been met.”

They are, according to the judge, the accused must have been
“(a) tried by a competent court
(b) Convicted or acquitted
(c) whether the father had collected money and pardoned the accused cannot in any way truncate the trial in this matter.”

“For the Defendant to canvass and insist on self defense, there must be incontrovertible evidence before the Court to indicate that
(1)the Defendant was under immediate threat,
(2)the act of the Defendant was proportional and,
(3) that there was no alternative.”

He concluded that the Prosecution met the three ingredients of proof beyond reasonable doubt as follows. “Has proved that somebody died, that the dead was caused by the Defendant,
and that the intention by the accused was to cause death or bodily harm.”

“The Prosecution has proven the case of murder beyond reasonable doubt, and the accused is therefore convicted, accordingly, of the charge of murder.”

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