THOMAS JCA (Delivering the Lead Judgment): The appellant was tried at the High Court of Ogun State, Abeokuta Judicial Division on information for the offence of manslaughter contrary to section 325 of the Criminal Code Law, Cap. 29, Laws of Ogun State of Nigeria, 1978 and he pleaded not guilty to the offence. During trial, the prosecution called four witnesses and tendered many exhibits to prove its case. The appellant testified on his defence but called no other witness. At the end of the trial, the court found the appellant guilty and he was convicted and sentenced to five years imprisonment with hard labour with no option of fine. Hence this appeal which was filed on 19 January 2007, though the judgment was delivered on 30 May 2005 by Hon. Justice Ayobode Lokulo-Sodipe.
It is apt to state the facts of the offence that led to the conviction of the appellant. The case of the prosecution was that on 10 November 2002, at about 10.00 p.m., the appellant being a policeman, was among a …