CaseLaw
At the High Court of Ondo State, Ikare Judicial Division, the appellant, (as accused person), was arraigned on a one count charge of murder contrary to Section 316 (2) of the Criminal Code, Cap 30, Vol. 11, Laws of Ondo State of Nigeria, 1988. Sequel to his plea of not guilty, the matter went on trial. The Prosecution called four witnesses. Exhibits were tendered during the trial. On his part, the appellant testified in his defence. He, however, did not call any witness.
Persuaded by the Prosecution's case, the High Court, (hereinafter, simply, referred to as "the Trial Court"), convicted and sentenced him to death by hanging. The Court of Appeal, hereinafter, simply referred to as "the lower Court", partially allowed his appeal; overturned his conviction for murder and substituted it with a verdict for manslaughter on grounds of provocation. He has therefore further appealed to this Court
Whether the lower Court was right when it rejected the defence of self-defence because there was no evidence of a retreat by the appellant?...