EX CPL IKECHUKWU NWABUEZE V. THE PEOPLE OF LAGOS STATE

MUSA DATTIJO MUHAMMAD, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Lagos Division delivered on the 22nd day of November 2013 setting aside the appellant's conviction and sentence for murder contrary to Section 316(3) of the Criminal Code Cap 17 Laws of Lagos State 2003 and substituting in its place a conviction and sentence for manslaughter contrary to Section 317 of the same code.

Respondent's case at the Lagos State High Court, hereinafter referred to as the trial Court, is that the appellant, a policeman, on the 5th April 2009 shot and killed three year old Kafusara Muritala. Along with four other police officers, the appellant was deployed to Obanle-Aro/Mr. Biggs axis of Ketu Alapere, in Lagos, to prevent criminal activities of hoodlums. The team mounted a check point at the black spot. On the fateful day, PW1 Muritala Saliu, his wife, the deceased and some other passengers were being conveyed by one Saheed in a Nissan Sunny…