JOHN AFOLABI FABIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment delivered by Abimbola, J. on 10th May, 2001 while sitting at the High Court of Justice, Ogbomoso, Oyo State of Nigeria.
On 15-2-07 when the appeal was heard, the respondent who was served was not represented by counsel. Since a brief of argument was filed on behalf of the respondent, the appeal was taken as argued vide Order 6 Rule 9(5) Court of Appeal Rules, 2002.
At the trial court, the appellant was charged for the offence of manslaughter contrary to section 317 of the Criminal Code, Cap 30 Volume II, Laws of Oyo State of Nigeria, 1978 and punishable under section 325 of the same law.
As extant on page 48 of the transcript record of appeal, the charge was read in English language and explained to the appellant on 28th March, 2000. She said she understood the charge and pleaded not guilty. Thereafter, in a bid to prove their case, the prosecution called six witnesses and tendered se…