UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Lagos State sitting in Ikeja. The Appellant, with one other, was charged on a one count charge of murder contrary to Section 319 (1) of the Criminal Code Law, Cap C 17 Vol.2 Laws of Lagos State 2005. They both pleaded "not guilty" to the charge. They also denied killing the deceased, one Olive Orakwe.
The State in proof of its case called three witnesses and tendered some exhibits. In defence of the charge, the Appellant, 2nd defendant and one other testified as DW1, DW2 and DW3. At the end of the trial, the learned trial Judge delivered its considered judgment discharged and acquitted the 2nd defendant on grounds that there was insufficient evidence to convict him. The Appellant was, however, convicted and sentenced to ten (10) years imprisonment for the offence of Manslaughter.
Being dissatisfied, the Appellant filed a notice of Appeal with five (5) grounds. …