CORAM

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OBANDE FESTUS OGBUINYA, JUSTICE COURT OF APPEAL

ABDULLAHI MAHMUD BAYERO, JUSTICE COURT OF APPEAL

PETER O. AFFEN, JUSTICE COURT OF APPEAL

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PARTIES

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JOHN MEBELE

APPELLANTS 

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THE STATE

RESPONDENTS 

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AREA(S) OF LAW

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APPEAL, COURT, CRIMINAL LAW AND PROCEDURE, FAIR HEARING, LAW OF EVIDENCE, PRACTICE AND PROCEDURE

 

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SUMMARY OF FACTS

In the wee hours of 17th November, 2008, at No. 2 Oremeji Street, Oshodi, Lagos, a fight ensued between the Appellant and the deceased, (Justina Ulumma Mebele, his wife) as a result of the Appellant providing insufficient sum for baby food. The disagreement led to the Appellant beating the deceased in their locked-up one room apartment, she raised alarm and   neighbors knocked on the door but the Appellant refused to open it. The deceased sustained injuries from the beating, which caused her to start vomiting blood and later died at the General Hospital, Ikeja same day. The brother of the deceased reported the incident to Akinpelu Police Station and the police arrested the Appellant. After due investigation, the Appellant was arraigned before the High Court of Lagos State, Ikeja Division on a one-count information of manslaughter contrary to section 317 of the Criminal Code Law, Cap. C17, Vol. 2, Laws of Lagos State, 2003.  The Appellant pleaded not guilty to the information. At the end of the trial, the trial Court found the Appellant guilty of the offence of manslaughter, convicted him and sentenced him to 21 years imprisonment. Aggrieved by the trial court’s decision, the Appellant appealed against judgment of the trial Court vide his Notice of Appeal, containing 6 Grounds of Appeal.

 

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HELD

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Appeal Dismissed

 

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ISSUES

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Whether the trial court was right, in view of the provisions of section 36 of the 1999 Constitution and the rules of natural justice, when it refused or neglected to record the oral testimony of the Appellant during trial before reaching a decision to convict the Appellant?

Whether Exhibits P1, P2 and P3-7, and oral testimony of PW1, PW2, PW3 and PW4 were admissible in evidence or of any weight as to form the basis for the conviction of the Appellant?

Whether in the light of evidence adduced at the trial the prosecution proved its case beyond reasonable doubt?

 

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RATIONES DECIDENDI

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FAIR HEARING – PURPORT OF FAIR HEARING

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“Fair hearing connotes a trial which is conducted in accordance with all the legal rules formulated to ensure that justice is done/dished out to parties to the cause, see Eze v. FRN (2017) 15 NWLR (Pt. 1589) 433;Ardo v. INEC (2017) 13 NWLR (Pt. 1583 450; Regt. Trustees, P.C.N. v. Etim(2017) 13 NWLR (Pt. 1581) 1;Akingbola v. FRN (2018) 14 NWLR (Pt. 1640) 395; Lawari Furniture & Baths Ltd. v. FRN (2019) 9 NWLR (Pt. 1677) 262. Due to its olympian status in the appeal, it is germane to display some of the notable features of fair hearing, a mantra which, nowadays, competes with jurisdiction for prominence in adjudications”. PER O. F. OGBUINYA, J.C.A

 

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CASES CITED

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STATUTES REFERRED TO

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Constitution of the Federal Republic of Nigeria (as amended)

Criminal Code Law, Cap. C17, Vol. 2, Laws of Lagos State, 2003

Evidence Act, 2011

 

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