AKINTAN, J.C.A. (Delivering the Leading Ruling): The two appellants, F.E. Odido and Gregory Idolor, were arraigned before Enugu High Court on a information in which they were charged with manslaughter punishable under section 325 of the Criminal Code, Cap.30 Laws of Eastern Nigeria, 1965. The particulars of the offence are that the two men, on or about 22nd October, 1985 at 12, John Nwodo Close, G.R.A. Enugu, unlawfully killed Dr. Benedict Amobi.
The case was tried by Achi-Kanu, J., at Enugu High Court. After taking the plea of each of the accused persons, the prosecution opened its case and called a total of eight witnesses before closing its case. At the close of the prosecution's case, learned counsel for each of the accused persons made a no-case submission. The learned prosecuting counsel replied. Thereafter the learned trial Judge overruled the submission. The appellants were dissatisfied with the ruling and have appealed to this court against the ruling.
When the matter came up i…