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MARY UKAEGO PETER-ODILI, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Benin Division or lower Court or Court below, Coram: Jimi Olukayode Bada, Philomena Mbuas Ekpe, JJCA and Samuel Chukwudumebi JCA (as he then was), delivered on 14th November, 2017 affirming the earlier judgment of the High Court (Criminal Division) Benin City, Edo State per R. Irele-Ifijeh J, which convicted the appellant for manslaughter and sentenced him to life imprisonment.
FACTS BRIEFLY STATED
On the 27th day of May, 2013 at about 10.20pm, at a police stop and search team at a nipping point along Siluko road by Obayuwana Junction, one Inspector Sunday and his team intercepted the deceased and another on an unregistered motorcycle. The appellant on the allegation that the deceased was removing a gun from his bag, shot the deceased who was on the back of a motorcycle. The deceased died immediately and upon report of the incident the appellant was charged fâŚ