BY NDON ASIAN
At last Dr. Christopher Nyong Ekong, David Eyo Uboh, Joseph Ita Ekong, Itoro Bassey William and the only surviving brother of late Matthias and Emmanuel Okon Ekpenyong, Fabian Okon Ekpenyong regained freedom after Justice Philomena Etim discharged and acquitted them on the three count of the information proffered against them.
The judgment was the last hurdle of a three legal obstacle which the five accused persons needed to surmount to receive their freedom after two years in salutatory confinement.
In a 2 hour 11 minute in-depth judgment, the court found the prosecution wanting, as it failed to prove its case beyond all reasonable doubt.
In 2009, after the murder of Matthias and Emmanuel Okon Ekpenyong at the sand burrow-pit in Ewet Offot, Uyo, the state had brought a three count charge against the trio of David Eyo Uboh, Joseph Ita Ekong and Itoro Bassey William. On 20/5/2009 the prosecution amended the charge to include the 4th and 5th accused persons, Dr. Christopher Nyong Ekong and Fabian Okon Ekpenyong respectively, on instruction of the Directorate for Public Prosecution (DPP)
On count one , they were charged with CONSPIRACY, contrary to section 556 (1) (F) of the criminal code, cap 38, vol 99, laws of Akwa Ibom State of Nigeria 2000, that on the 20th day of June 2009 at Ewet Offot, Uyo, in Uyo Judicial division conspired amongst yourselves to effect an unlawful purpose.
Count two, MURDER, coutrary to section 326(1) of the criminal code, cap 38, Vol 11, laws of Akwa Ibom State of Nigeria 2000. On the 20th day of June, 2009 at Ewet Offot, Uyo, in Uyo Judicial division murdered one Mathaias Okon Ekpeneyong
And count three, MURDER, Contrary to section 326 (1) of the criminal code, cap 38, vol 11, laws of Akwa Ibom State of Nigeira, 2000. On the 20th day of June, 2009 at Ewet Offot, Uyo, Uyo LGA, in Uyo Judicial division murdered Emmanuel Okon Ekpenyong
All the accused pleaded not guilty to the charges. The state had called eight witnesses including the Investigating Police Officer (IPO), Inspector Cyrinus Etukudo, attached to the zonal CID, zone 6, Calabar
PW4-7 was all arrested at different locations in Uyo and calabar. Four of the prosecution witnesses were arrested at calabar Itu road by mobile policemen as they headed towards calabar in a Brown coloured Andi 90 Car. Another was arrested in calabar.
They each testified on oath and told court that they were returning from Abak where they went with their friend to consult for a traditional marriage. They said they were first taken to the state police headquarters in Ikot Akpan Abia, Uyo before being transferred to zone 6 calabar. They also confirmed that they were only told the reason for their arrest at the police station, and that they were arrested in connection with the murder of the Ekpenyong brothers. The Alibi raised by them according to the IPO, was investigated and found to be true.
PWI narrated what he saw on 20th June, 2009 when the Ekpenyong brothers were murdered in Ewet- Offot. He said the men who executed the murder drove a Brown Coloured Audi 80 car towards the burrow pit. On looking, he saw strange people inside and informed late Emmanuel Ekpenyong who asked him to confirm who they were.
He told the court that they drove round the toll gate booth, parked and came out with guns, ordering them to lie face down as they fired 3 shots inside the toll gate booth. He said somebody inside the assassins’ car shouted instructions, “OC, that is the man bring him and put him in the booth”, and they did. However, by the time he lifted his face they were driving away with him while Matthias was lying in a pool of his own blood.
He narrated to court from the witness box, how Fabian drove to the gate, inquired about what happened, and thereafter chased after their car to no avail. Fabian Ekpenyong as DW5 corroborated the evidence of PWI adding that he met a police patrol van whom he informed of the incident. Their response according to him was that they had no ammunition.
PW8 was the IPO, Insp. C Etukudo who told court that DW4 and DW5, Dr. Christopher Nyong Ekong and Fabian Okon Ekpenyong, respectively were not charged as accused persons because he had nothing in his entire investigation linking them to the murder, but was surprised that the DPP asked that they should be charged along with other suspects to which he complied.
He said after the arrest PW4 to 7, DW1 and 2 were invited to zone 6 where they identified the suspects. Furthermore, he told court that while they said the vehicle used by the assassins was Audi 80, the one used by PW4 to 7 as identified was Audi 90
Further investigation, according to the IPO, led to a searching Dr. Ekong’s house with no incriminating evidence found.
He said Arik Air passengers manifest made available by the company confirmed the claim of Dr. Ekong that he was not in Nigeria at the time of the incident.
Dr. Ekong had told court that he was a friend to the late Ekpenyong brothers by virtue of their membership of Uyo All Stars football club, and the fact that he sourced for the late Mathaias to supply information to the state on criminal activities. He denied knowledge of the plot to assassinate them.
Further, Chris Ekong told court that on the 20th of June 2009 he was in Abuja doing accreditation for a trip to South Africa orgainsed by a federal ministry. He left Nigeria aboard an Arik Air flight on the 21st, arriving on the 22nd and only returned to the country on the 24th of June 2009.
Weekend Insight checks confirmed that Dr. Ekong Was passenger number 33 on the South African bound Arik Air Flight with 56 passengers. Despite the lack of evidence, the IPO said that he was asked by the DPP to charged Dr. Ekong. DW5, Fabian Okon Ekpenyong told court that he was charged as a result of his refusal to witness with the state against DW4.
While defense counsels argued that there was no evidence linking the accused to the crime the prosecution had insisted that it had supplied sufficient evidence to ground conviction of the accused.
Barr. Samuel Ikpo leading a team of other lawyers had, in his written address, drew attention of the court to the fact that none of the prosecution witnesses had established any link between the accused and the murder.
Throughout the session, evidence of the prosecution witnesses they did not mention any of the accused persons as occupants of the said car used by the Assassins, he said.
He also pointed out that PW4-7 only gave evidence about what happened to them from the time of their arrest, and none of the evidence linked, directly or indirectly, the accused to the murder.
The court in its judgment, having carefully considered all evidences adduced by both prosecution and defense came to the conclusion, and stated thus, “It is trite law that in order to ground a conviction the prosecution must prove its case beyond all reasonable doubt. In the charge of murder the Onus is on the prosecution to prove its case.
“The totality of evidence set out has not provided the ingredient to ground a conviction against the accused persons. The only ingredient available is the widely known fact that the deceased were murdered.
“On the whole, none of the ingredient of murder has been proved against the accused. The only evidence left is to see if there is a circumstantial evidence. In this case the court must be sure, certain and convinced that such evidence is credible enough to ground a conviction.
“There was no established circumstantial evidence by the prosecution. More so in failing to investigate some of the statements made by the accused. It is trite that where the prosecution fails to prove its case beyond reasonable doubt the court has no option than to discharge and acquit the accused.
“In the circumstance, I found the 1st to 5th accused persons not guilty in count 1, 2, and 3, and the accused are, accordingly, discharged and acquitted on count 1, 2 and 3.
The packed court room erupted in joyous mix of ‘as court pleases,’ eh! And Amen, as both sympathiser, friends and observers stampeded in and outside the court even before the court rose.
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