The Akwa Ibom State High Court, Ibiono Ibom Division, presided over by Justice Bassey Nkanang, on Monday, sentenced one Utibe Ita, a native of Nkim in the Ibiono Ibom Local Government Area of the state to life imprisonment for manslaughter, PUNCH reports.
![](https://thenigerialawyer.com/wp-content/uploads/2024/11/TheNigerialawyer-WhatsApp-Channel1.jpg")
It was gathered that the convict killed his father, Oscar Ita, and buried him in a shallow grave inside his room in the same apartment, which he shared with the deceased.
PUNCH Metro gathered that Utibe was originally arraigned on one count of murder contrary to Section 326(1) of the Criminal Code Cap 38, Volume 2, Law of Akwa Ibom State of Nigeria, 2000, but the charge was later amended to manslaughter.
The convict’s confessional statement to the police revealed that he had been having a running battle with his father over some family issues.
It was gathered that Oscar disappeared between June 5 and 11, 2017, and his brother, Mr Godwin Udoisang, organised a search party for him.
Udoisang, who testified in the case, said he first inquired about his brother from the convict, who responded that he had also not seen him.
He told the court that he organised a search party to comb the surroundings and nearby bush, which yielded no fruit until he decided to search for him in the house that he lived in with the son only to discover something like a heap of earth inside the room.
He added that by the time the youth of Nkim arrested Utibe, he attempted to run away but it was too late to do so.
From the convict’s confessional statement, the autopsy report and police investigation, there was strong suspicion that the convict might have buried his father alive since he confessed to have hit him, adding that he rushed to a neighbour and borrowed a shovel used in digging the shallow grave.
The Chief State Counsel,O. P. Okpo, who led the prosecution team, stated that though there were no eyewitnesses, the confessional statement of Utibe and the circumstantial evidence were sufficient to prove the charge of murder against him.
However, the defence counsel, Lawrence Udonwa, contended that since there were no eyewitnesses, the evidence of the four state witnesses could not sustain the conviction of his client.
In his judgement, Justice Nkanang stated, “The court believes that there was mutual physical assault. A person, who unlawfully kills another in the circumstance of mutual physical assault, commits manslaughter and not murder.
“The prosecution has proven all the ingredients of murder. The court is persuaded to convict the accused of the offence of manslaughter. Consequently, the accused is sentenced to life imprisonment.”
The book, titled The Law of Torts in Nigeria: A Functional Approach, authored by Professor Hagler Sunny Okorie Ph.D and Ikeocha, Nathaniel Ngozi Esq, offers law students, practitioners, and academics a comprehensive guide to understanding and applying tort law in Nigerian courts. Interested buyers can place orders via the following contact numbers: 08028636615, 08037667945, 08032253813, or +234 902 196 2209.
______________________________________________________________________
[A MUST HAVE] Evidence Act Demystified With Recent And Contemporary Cases And Materials
ARTIFICIAL INTELLIGENCE FOR LAWYERS: A COMPREHENSIVE GUIDE
Reimagine your practice with the power of AI “...this is the only Nigerian book I know of on the topic.” — Ohio Books Ltd
Authored by Ben Ijeoma Adigwe, Esq., ACIArb (UK), LL.M, Dip. in Artificial Intelligence, Director, Delta State Ministry of Justice, Asaba, Nigeria.
Bonus:
Get a FREE eBook titled “How to Use the AI in Legalpedia and Law Pavilion” with every purchase.
How to Order: 📞 Call, Text, or WhatsApp: 08034917063 | 07055285878 📧 Email: benadigwe1@gmail.com 🌐 Website: www.benadigwe.com
Ebook Version: Access directly online at: https://selar.com/prv626
________________________________________________________________________ “Enhance Legal Practice With Authoritative Reports” — Alexander Payne Offers Comprehensive Law Reports, Spanning Over A Century Of Nigerian Jurisprudence
Interested buyers are encouraged to place their orders and enquiries via:
0704 444 4777, 0704 444 4999, 0818 199 9888
Website: www.alexandernigeria.com
