SUNDAY OMINI V. THE STATE

A. G. KARIBI-WHYTE, J.S.C. (Delivering the Leading Judgment): On the 7th November, 1995, the Appeal of the Appellant to the Court below against his conviction for Murder under Section 319 of the Criminal Code was allowed, the sentence set aside, conviction for the offence of Manslaughter under section 317 of the Criminal Code was substituted. Appellant was accordingly sentenced to imprisonment of ten years with hard labour instead of death by hanging. The decision was unanimous. Appellant has further appealed to this court against the judgment of the court below.

The Facts.

The facts of the case are clear and undisputed; apart from the variance of the defence on his evidence at the trial from his extra judicial statement. They are contained in the evidence of PW 1, and of the accused. Appellant, a Police Officer, attached to the Mobile Unit of the Nigeria Police Force, was on duty at a road block mounted on the Lagos-Abeokuta Road, along Owode village, on October 8, 1986. Appellant si…