By; PATRICK TITUS, Uyo
The state has closed its case in the prosecution of three accused persons, in connection with the murder of Ini-Ubong Umoren, a graduate of the University of Uyo, who was killed, last year in Uruan, Akwa Ibom State
Standing trial in the High Court as accused persons are: 21-year-old Uduak Frank Akpan, his father, Mr. Frank Akpan, a retired Deputy Director in the Federal Civil Service and his sister, 25-year-old Bassey Anwan Akpan, a graduate of English and Literary Studies.
At the closure of its case on Thursday, the State, led by the Solicitor-General of Akwa Ibom State, Barr. Christopher Udo, called the 10th Prosecution witness, Mr. Ama Okeke, an Investigating Officer with the Department of State Services, DSS, for the conclusion of his evidence-in-chief.
Mr. Okeke, a call data analyst, said the DSS investigated the matter, following the request by the Attorney General of Akwa Ibom State for the DSS to carry out call data analysis on the phone of the late Iniubong Umoren and that of the accused persons.
The witness told the Court that, upon exploiting the phone of Mr. Frank Akpan, he saw a text message, which Mr. Akpan had sent to his daughter, the third accused person, saying he was using speed boat and that it was better to escape than dying.
The DSS operative said the implication of the text message is that, the father of Uduak Frank Akpan, knew that his son was escaping from being arrested after the murder of Iniubong Umoren, and that he was going to use speed boat to Calabar.
The DSS officer said investigation revealed that Uduak Frank Akpan eventually went to Calabar with the phone of late Iniubong Umoren, which was tracked and recovered in Calabar.
Mr. Okeke was cross-examined by Defense Counsel, Sampson Adula and Abasi-odiong Ekpenyong.
The case has been adjourned to 16th of next month, for defense.
Meanwhile, the State High Court has over-ruled the objection to the admissibility of the statement of Uduak Frank Akpan, in which he allegedly confessed to the DSS, that he murdered Iniubong Umoren.
In a ruling on Thursday, the Presiding Judge, Justice Bassey Nkanang admitted the statement in evidence, and marked it as an exhibit.
It could be recalled that on 15th of this month, when the confessional statement was sought to be tendered as an exhibit, Counsel to the accused person, Barr. Sampson Adula, raised an objection, alleging that the statement was not obtained voluntarily.
Following the objection, a trial within trial was conducted in consonance with the provisions of Section 29 of the Evidence Act, 2011.
In his evidence, the DSS Call Data Analyst, Ama Okeke told the Court that Uduak Frank Akpan made his confessional statement voluntarily in the DSS standard interview room for suspects.
And to buttress the fact, he tendered a video of the interview session as an exhibit.Mr. Okeke said after making the statement, the accused was asked to read over by himself, after which, he signed the statement, while the DSS operative counter-signed it.
In his ruling, Justice Bassey Nkanang held that one significant piece of evidence that stood out was Uduak Frank Akpan’s categorical assertion that the statement was not his own and he did not write it, meaning he had denied the entire statement.
According to the Court, a confessional statement does not become inadmissible, if and where the accused person that made it, denies ever making the statement or retracts the confession on oath.
Consequently, the Court over-ruled the objection of the admissibility of the statement of the accused person made on 10th of June, 2021 at the Department of State Services Office, Uyo.
