ADEBAYO ADEYEMI V. THE STATE

U. OMO, JSC (Delivering the Leading Judgment): The appellant in this appeal was originally charged at the High Court of Lagos on 1st July 1986 with the murder of one Subulola King at Abule Ijesha, Lagos on the 21st of January, 1986. At the end of the trial he was found guilty of manslaughter and sentenced to a term of three years imprisonment on 19th February, 1987. He then appealed to the Court of Appeal which confirmed his conviction and sentence. It is against that decision that he has appealed to this Court.

From the seven grounds of appeal filed in support of this appeal, appellant's counsel has distilled three issues for determination which are set out thus:

(i) At a stage of the submission of no case to answer by counsel to the appellant could the learned trial Judge ask the appellant to defend himself on a charge of manslaughter while discharging him of the offence of murder?

(ii) That if this is so, was it necessary to take his plea on that charge?

(iii) Is the charge again…