ONU, J.S.C. (Delivering the Leading Judgment): The 1st and 2nd appellants were the 1st and 2nd of three persons jointly arraigned before the High Court of the Benin Judicial Division of Edo State holden at Benin City (per Joan Aiwerioghene, J.) on an information of murder punishable under section 319(1) of the Criminal Code, Cap. 48, Vol. 11, Laws of the defunct Bendel State of Nigeria, 1976. At the end of the case for the prosecution wherein seven witnesses in all were called, the 1st and 2nd appellants, after their respective defences, were both convicted of the lesser offence of manslaughter and were each sentenced to seven (7) years imprisonment.
Being dissatisfied with the said decision of the High Court, the appellants appealed to the Court of Appeal sitting in Benin City which dismissed their appeal and affirmed the decision of the High Court. They have both further appealed to this court upon a joint notice of appeal containing two grounds of appeal dated 26th day of August, …