KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Ibadan Division (the lower court) delivered on 29th April 2009 dismissing the appellant's appeal and affirming the conviction and sentence passed on him by the High Court of Ogun State of Nigeria, sitting at Abeokuta (the trial court) delivered on 30th March, 2005.
The appellant was arraigned before the trial court on 7/6/2003 on a single count of manslaughter contrary to Section 235 of the Criminal Code Law Cap. 29 Laws of Ogun State of Nigeria 1978. He pleaded not guilty to the charge. At the trial the prosecution called four witnesses. The appellant testified on his own behalf and did not call any witness. In a considered judgment delivered on 30/3/2005 the trial court found the appellant guilty of manslaughter and sentenced him to five years imprisonment. He was dissatisfied with the decision and appealed to the lower court, which court…