IKYEGH JCA (Delivering the Lead Judgment): Consequent upon the conviction and sentence of the appellant to seven (7) years in prison for the offence of manslaughter, contrary to section 317 of the Criminal Code Law, Cap.C17, Laws of Lagos State, 2003 (Criminal Code) by the High Court of Justice of Lagos State (the court below), the appellant brought the present appeal challenging the said judgment.
In summary, the case against the appellant at the court below was that he pushed the deceased from a moving motor vehicle where the deceased fell to the ground and was run over by the moving motor vehicle, which led to the death of the deceased on the same fateful day. It happened that the deceased had boarded the motor vehicle where the appellant served as conductor or assistant of the driver. The deceased was in the company of the PW1 at the material time. They paid the fare to the appellant. The appellant was to give them balance of N40 (forty naira). He told them he had given another p…