CaseLaw
Oludamilola V. State (2010) CLR 3(o) (SC)
Judgement delivered on March 19th 2010
Brief
Facts
This is an appeal against the judgment of the Court of Appeal Abuja which dismissed the Appellant's appeal from his conviction and sentence to death by Otta J., of Kogi State High Court of culpable homicide punishable with death contrary to Section 221 (a) of the Penal Code by causing the death of one Solomon Omopariola. The case for the prosecution was that the Appellant, a Police Officer shot with a revolver pistol at the deceased who had gone to a police station in sympathy with an arrested person. There was evidence that prior to this incident, the Appellant and another colleague had been drinking illicit gin. PW2 Samuel Olowu was an eye witness to the event. He gave evidence of how the Appellant gripped the deceased and was taking him into the Police Station at Efo-Amuro when he heard the sound of a gun shot and the deceased shouted that the Appellant had killed him. He went and saw the deceased in a pool of blood and asked the Appellant to look for a vehicle to convey him to the hospital but he refused. He personally arranged for a vehicle to convey the deceased to the hospital. PW2 was a retired Inspector of Police and gave a graphic account of what happened in his presence.
The Appellant testified on his own behalf that the shot from the pistol was an accidental discharge when the deceased and others were beating him and tried to snatch the pistol from him.
The trial Court disbelieved him and found the ease of the prosecution proved beyond reasonable doubt. His appeal to the Court of Appeal was dismissed and that Court confirmed the finding of the trial Court that the Appellant shot the deceased to death, the Appellant has further appealed to this Court. May, 1990.
Issues
Whether or not the gun shot which killed the deceased...