GARBA JCA (Delivering the Lead Judgment): The appellant was tried, convicted and sentenced for the offence of manslaughter contrary to section 325 of the Criminal Code Cap. 30, Vol. II of Eastern Nigeria, 1963 applicable to Abia State, by that State High Court sitting at Isiala Ngwa in a judgment delivered on 23 June 2006. The charge against him was as follows: “That you, Kelechi Nwaobasi (m) on 2 January 2004 at Eboyi Nyosi in the IsialaNgwa of Orioba Judicial Division, unlawfully killed one Obioma Akwuruoha (m) by kicking him on the stomach with your leg and thereby committed an offence punishable under section 319(1) of the Criminal Code Cap. 30 Vol. II, Laws of Eastern Nigeria, 1963, as applicable in Abia State.” Being dissatisfied with the conviction and sentence of two (2) years imprisonment without option of fine by the High Court (court below hereinafter) the appellant filed a notice of appeal on 24 July 2006 against the decision on seven (7) grounds.
In the appellant’s brief…