JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): The appeal is from the judgment of the High Court of Justice of Lagos State (the Court below) by which it convicted and sentenced the appellant to death for causing the death of one Sube Adunbi, his mother, by strangulation, contrary to Section 319 of the Criminal Code Law of Lagos State, 2003.
The case of the respondent, in outline, was that the appellant killed his mother by strangulation on the fateful day stated in the charge sheet for bewitching him and not helping him in life. On the other hand, the appellants case was that his late mother who was a drunk came back drunk while he was fighting with his motor-vehicle conductor over disagreement on missing money and she went between them to separate the fight in the course of which she fell down and started gasping and eventually died on the same day. The main defence of the appellant was accident.
The Court below believed and accepted the version of the respondent and…