The Supreme Court of Nigeria, sitting in Abuja, on Friday, December 12, 2025, delivered a judgement in the case of Iniobong Matthew Etuk-Udo, who was convicted of murder and arson. The appellant and two others were accused of killing Monday Matthew and Owoidoho Monday Matthew by pouring petrol on them and setting them ablaze on June 6, 2009, at Ikpe Atai village in Etim Ekpo LGA of Akwa Ibom State.
The appellant was also accused of setting ablaze the Holy African Apostolic Church and a Q-Link Motorcycle belonging to Elder Ime Matthew on the same day and in the same vicinity. He was arrested, arraigned before the High Court of Akwa Ibom State, and found guilty of murder and arson contrary to Section 323(a)–(d) and Section 464(a) of the Criminal Code, Laws of Akwa Ibom State. The trial court sentenced him to death by hanging.
The appellant appealed the judgement to the Court of Appeal, which dismissed the appeal and affirmed the trial court's judgement. The appellant then lodged a further appeal at the Supreme Court. The Supreme Court adopted two issues formulated by the appellant for the determination of the appeal: whether the Court of Appeal erred in failing to consider and pronounce on all issues submitted by the appellant, and whether the Court of Appeal was wrong to affirm the trial court's conviction based on the retracted extra-judicial statement.
The appellant's counsel argued that the Court of Appeal erred in failing to consider the appellant's objection to the competence of the sole issue presented by the respondent and the appellant's complaint that the trial court failed to demonstrate how it applied the six-way test to assess the weight attached to his retracted extra-judicial statement. The respondent's counsel submitted that the Court of Appeal was correct in its judgement, having substantially considered and pronounced on all live issues necessary for the determination of the appeal.
The Supreme Court, in a lead judgement delivered by Honourable Jummai Hannatu Sankey, JSC, upheld the conviction and sentence of the appellant. The court's decision was based on the evidence presented and the applicable laws. The appellant's counsel had contended that the Court of Appeal's failure to rule specifically on the appellant's objection to the respondent's Brief was inconsequential.
The case highlights the importance of extra-judicial statements in criminal trials and the weight attached to them. The Supreme Court's judgement sets a precedent for future cases involving retracted confessional statements. The court's decision was based on the facts of the case and the applicable laws, and it dismissed the appellant's appeal.
The Supreme Court's judgement brings to a close a case that has been ongoing since 2009. The appellant was found guilty of serious crimes and sentenced to death by hanging. The court's decision upholds the trial court's judgement and affirms the conviction of the appellant.
Key points
- The Supreme Court upheld the conviction of Iniobong Matthew Etuk-Udo based on a retracted extra-judicial statement.
- The appellant was found guilty of murder and arson in 2009.
- The Supreme Court's judgement sets a precedent for future cases involving retracted confessional statements.
