KUTIGI, J.C.A.: (Delivering the Leading Judgment): The appellant was charged with the murder of one TIJANI WAABI under section 319(1) of the Criminal Code but convicted of manslaughter under section 325 of the same Code and sentenced to ten (10) years imprisonment.
Briefly the facts as found by the trial judge are as follows:- The appellant, a police constable, under the command of Police Sergeant Olukanmi Olukolu (P.W.2) were on duty at Police check-point along Oshodi Road on 9th August, 1980. The appellant had been issued with a firearm, a Scorpion Sub-machine gun, with ten rounds of live ammunition in the normal course of his duty. The Sergeant hall also been issued with a firearm a Smoke Gun with two cartridges. They resumed duty at the checkpoint around 9.30p.m. It was part of their duty to check vehicle particulars of passing vehicles. At about twelve midnight Tijani Waabi (now deceased) together with his wife and two children arrived in a taxi. P.W.2 stopped the taxi and collec…