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P. C. IBIWOYE ADEOLA v. THE STATE

(2017) JELR 38109 (CA)

Court of Appeal  •  CA/L/544c/2014  •  24 Feb 2017  •  Nigeria

Coram
JOSEPH SHAGBAOR IKYEGH JCA; TIJJANI ABUBAKAR JCA; BIOBELE ABRAHAM GEORGEWILL JCA;

Judgement

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): The appeal is against the decision of the High Court of Justice of Lagos State (the Court below) whereby it convicted and sentenced the appellant to 10 years imprisonment for manslaughter.

Stripped of detail, the facts behind the appeal, as stated by the appellant, were that a Police Constable while on official duty led by an Inspector of Police was directed by his leader to board a motor vehicle that was driven against traffic after it was stopped by them for the purpose of ensuring the vehicle was parked off the road for the questioning of the driver that drove it against the traffic; the driver of the vehicle refused to obey the order of the police constable to park the vehicle off the road; he drove on with the police constable heading for an unknown destination; the police constable sensing kidnap held the driver of the vehicle in order to get him to stop the moving vehicle; the driver eventually stopped and was pla…

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