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…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login