Judgment
HELEN MORONKEJI OGUNWUMIJU, J.S.C. (Delivering the Leading Judgment): This is an Appeal against the judgment of the Court of Appeal, Lagos Division delivered on 5/4/2017 which affirmed the judgment of Hon. Justice S. A Onigbanjo delivered on 18/6/2013 in charge No ID/47C/2011 wherein the Appellant was found guilty of the lesser offence of manslaughter and sentenced to life imprisonment whereas he was charged initially for murder.
The facts that led to this appeal are as follows: On 14th February 2010 at about 4:00pm, one Adeogun Kayode, a resident of No. 20, Alade Street, Oshodi, Lagos, now deceased, went to the Appellant’s barbing salon to shave. The deceased after being initially attended to, at the Appellant’s barbing salon returned back and inquired about the where about of his mobile phone, alleging that he left his mobile phone in the Appellant’s barbing salon. In response to the inquiry, the Appellant informed the said Adeogun Kayode that he did not know the where about of the mobile phone.
Consequently, an argument ensued and the said Adeogun Kayode proceeded to the generator which powered the Appellant’s barbing salon and abruptly switched it off which resulted in a fight between the Appellant and the said Adeogun Kayode which led to the latter’s death after he suffered fatal injuries to his forehead and chest.
The Appellant was subsequently apprehended on the day of the incident by officers of the Nigerian Police and was taken to Akinpelu Police station.
At the trial, the prosecution called three witnesses while the Appellant gave evidence on his own behalf. P.W.1 Alli Shuarbu was a co-tenant of the deceased who did not witness the incident but was the one who reported the matter to the police after rushing to the scene where he found the body of the deceased in the gutter in a pool of blood. The deceased died at the General Hospital. P.W.2 was Vivian Taiwo (Sunday) the initial I.P.O at Akinpelu Police Station who took the confessional statement of the Appellant marked Exh C.
The witness also tendered the post mortem/medical report signed by one Dr. O. Williams dated 14/2/10 as Exh. B. The D.C.O at Akinpelu Police Station had endorsed Exh C after the appellant signed it. She later transferred the case to Panti CID.
