CaseLaw
Famakinwa V. The State (2016) CLR 3(c) (SC)
Judgement delivered on March, 18th 2016
Brief
Facts
The appellant herein was charged with the offence of murder for having caused the death of one Chief Monday Sedera on 2nd April 2002 by stabbing the deceased with a knife which caused injuries that led to the death of the deceased. The trial court convicted and sentenced the Appellant to death for murder under Section 319(1) of the Criminal Code CAP 30 Vol. 11 of the Laws of Ondo State of Nigeria 1978, by the Ondo State High Court of Justice in Okitipupa, Ondo State.
Aggrieved, the appellant appealed to the Court of Appeal which allowed the appeal and substituted the conviction of murder with manslaughter and sentenced same to 15 years imprisonment.
Upon dissastisfied, a further appeal was filed to the Apex Court against his conviction and sentence for the offence of manslaughter.
Issues
Whether after finding that the prosecution’s case at the trial court was...