Judgment
OBANDE FESTUS OGBUINYA, J.C.A. (Delivering the Leading Judgment): This appeal interrogates the correctness of the decision of the High Court of Lagos State, Ikeja Division (hereinafter addressed as “the lower Court”), coram judice: S.S. Ogunsanya, J., in Charge No. ID/123C/2011, delivered on 16th February, 2016. Before the lower Court, the appellant and the respondent were the accused/defendant and the complainant respectively. The facts of the case, which transformed into the appeal, are amenable to brevity and simplicity.
In the wee hours of 17th November, 2008, at No. 2 Oremeji Street, Oshodi, Lagos, the deceased, Justina Ulumma Mebele, the wife of the appellant, asked him to provide money for the feeding of their baby boy, Samuel. The appellant brought N40.00 which the deceased rejected for being insufficient. The disagreement led to the appellant beating the deceased in their locked-up one room apartment. She raised alarm. Neighours knocked on the door but the appellant refused to open it. The deceased sustained injuries from the beating. The appellant later left the premises.
Shortly after, the deceased started vomiting blood. Their neigbours or co-tenants took her to the General Hospital, Ikeja where she died on that day. The brother of the deceased reported the incident to Akinpelu Police Station. The appellant was arrested by the police. After due investigation, the appellant was arraigned before the lower Court on a one-count information of manslaughter contrary to Section 317 of the Criminal Code Law, Cap. C17, Vol. 2, Laws of Lagos State, 2003.
The appellant pleaded not guilty to the information. Following the plea of not guilty, the lower Court had a full-blown determination of the case. In proof of the case, the respondent fielded four witnesses: PW1-PW4. In disproof of the case, the appellant testified for himself and called no other witness. Tons of documentary evidence were tendered before the lower Court. At the closure of the evidence, the parties, through their counsel, addressed the lower Court in the manner required by law.
In a considered judgment, delivered on 16th February, 2016, found at pages 138 – 155 of the additional record, the lower Court found the appellant guilty of the offence, manslaughter, convicted him and sentenced him to 21 years imprisonment from 17th November, 2008. The appellant was dissatisfied with the decision. Hence, on 27th February, 2017, he lodged his original notice of appeal.
