KEKERE-EKUN JSC: (Delivering the Lead Judgment):
The appellant in this appeal was charged before the High Court of Cross River State on a one-count charge of manslaughter contrary to section 325 of the Criminal Code. He was alleged to have unlawfully killed one Miriam Sampson on 13 October 2011 at No. 34, Esierebom Street, Calabar in the Calabar Judicial Division.
The facts are that the appellant and the deceased lived in the same compound at No. 34, Esierebom Street, Calabar and they shared a common kitchen built by the deceased and which was close to her room. The deceased complained that smoke from the appellant’s cooking was causing her inconvenience and she advised him to build his own kicthen. On 13 October 2011, the appellant wanted to cook in the kitchen and was prevented from doing so by the deceased. A struggle ensued between them and the deceased was alleged to have used the firewood she was holding to hit him on his back. He retaliated by grabbing the firewood from the decea…