NWAOBASI
V.
STATE

(2007) JELR 50945 (CA)

Court of Appeal · CA/PH/464/2006 · 7 Nov 2007 · Nigeria

CORAM

SULEIMAN GALADIMA JCA ( Presided) MOHAMMED LAWAL GARBA JCA (Read the Lead Judgment ) IBRAHIM MOHAMMED MUSA SAULAWA JCA

Core Terms ^Beta

appellant

prosecution

reasonable doubt

cause of death

counsel

death of the deceased

pw1

learned trial judge

cross-examination

medical doctor

grounds of appeal

lead judgment

offence of manslaughter

small laceration

abia state

act of the accused

essential ingredients

liver of the deceased

standard of proof

actual cause of death

decision of the lower court

evidence of the prosecution

laws of eastern nigeria

learned counsel

mortem examination

prosecution witness

sufficient evidence

accused inspite of overwhelming evidence

action of the accused person

alleged act

alternative possibilities of the cause of death

appellant’s brief

brief recant of the facts

deceased abdomen

direct evidence

eastern nigeria

elementary principles of law

evidence of such aggravating circumstance

evidence of the doctor

exclusion of other reasonable possibilities

following issues

high court

inherent doubt

medical point of view

notice of appeal

printed record of appeal

review of evidence

said finding

said general hospital

state high court

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…

NWAOBASI V. STATE

NWAOBASI
V.
STATE