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ADESHINA RAFIU V. THE PEOPLE OF LAGOS STATE

(2021) JELR 110006 (SC)

Supreme Court  •  SC/594/2017  •  16 Apr 2021  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD, J.S.C. (Presided) CHIMA CENTUS NWEZE, J.S.C. HELEN MORONKEJI OGUNWUMIJU, J.S.C. (Read the Leading Judgment) ABDU ABOKI, J.S.C. TIJJANI ABUBAKAR, J.S.C.

Judgement

OGUNWUMIJU, J.S.C. (Delivering the Leading Judgment):This is an appeal against the judgment of the Court of Appeal, Lagos Division delivered on 5/4/2017 which affirmed the judgment  of Hon. Justice S. A. Onigbanjo delivered on 18/6/2013 in Charge No. ID/47C/2011 wherein the appellant was found guilty of the [2022]4 lesser offence of manslaughter and sentenced to life imprisonment whereas he was charged initially for murder. The facts that led to this appeal are as follows:

On 14th February 2010 at about 4.00pm, one Adeogun Kayode,a resident of No. 20, Alade Street, Oshodi, Lagos, now deceased, went to the appellant’s barbing salon to shave. The deceased after being initially attended to, at the appellant’s barbing salon returned back and inquired about the whereabout of his mobile phone, alleging that he left his mobile phone in the appellant’s barbing salon. In response to the inquiry, the appellant informed the said Adeogun Kayode that he did not know the whereabout of the mobile pho…

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