FRED EGBE VS. M.D.YUSUF
July 11, 2025MICHAEL OLATUNJI FAMUYIDE VS R.C. IRVING AND CO. LTD.
July 11, 2025Legalpedia Citation: (1992) Legalpedia (SC) 45361
In the Supreme Court of Nigeria
HOLDEN AT ABUJA
Thu Jun 25, 1992
Suit Number: 18 NWLR ( Pt. 745);
CORAM
BODE RHODES -VIVOUR JUSTICE, SUPREME COURT
OLAJIDE OLATAWURA., JUSTICE, SUPREME COURT
ABUBAKAR BASHIR WALL JUSTICE, SUPREME COURT
U.A. KALGO
PARTIES
FESTUS AMAYO APPELLANTS
THE STATE RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was charged tried and convicted for murder. He had at a road block shot at the vehicle in which the deceased was boarded killing him. The appellant admitted the killing but claimed his riffle ‘accidentally’ fell from him and exploded, hitting the deceased.
HELD
Appeal allowed and setting aside the judgment of the court below which affirmed the judgment of the trial court. Instead, the appellant is hereby convicted for manslaughter and sentenced to 10 years
ISSUES
Whether the appellant was exculpated from criminal responsibility for the death of the deceased by virtue of the provisions of section 24 of the Criminal Code. Whether the facts disclosed bring the appellant within the offence of murder as charged under section 316 of the Criminal Code of Eastern Nigeria.
RATIONES DECIDENDI
ACCIDENT – DEFINITION OF
Where the voluntary act results in an event which was neither intended nor foreseen, the consequence is an accident.”
DISTINCTION BETWEEN THE OFFENCE OF MURDER AND MANSLAUGHTER.
Murder is unlawful homicide with malice aforethought. Man-slaughter is unlawful homicide without malice aforethought’
CASES CITED
Chukwu v. The State (1992) 1 NWLR (Pt. 217) 255 at 269:|Adelumola v. The State (1988) 1 NWLR (pt. 73) 683 at 692 – 693|Kato Dan Adamu v. Kano Native Authority (1956) SCNLR 65|R v. Doherty (1887) 16 Cox CC 306
STATUTES REFERRED TO
Section 316 of the Criminal Code of Eastern Nigeria|Section.24 of the Criminal Code|
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