P.c. Adeusi Adesina V. The People Of Lagos State (2019)

LAWGLOBAL HUB Lead Judgment Report

EJEMBI EKO, J.S.C.

At all material times to the charge the Appellant was a Police Constable. On 27th November, 2008, he was posted to the beat at Apogbon Blackspot, Lagos on a “stop and search” operation. A lorry driven by one Dauda Isiaka Akao came to the said Apogbon Blackspot. The Appellant claimed that the said Dauda Isiaka Akao refused to stop the truck at a check-point and that, in order to compel the said Dauda Isiaka Akao to stop his truck for a check, he cocked his riffle, pointing it in the direction of the said driver; and when the driver, Dauda Isiaka Akao, tried to struggle with him to take the riffle, he accidentally touched the trigger. The riffle fired and the bullet hit the driver. Dauda Isiaka Akao, hereinafter called “the deceased”, died instantly on the spot. There is no dispute about his death.

The Appellant was on 27th November, 2008, arrested for the unlawful killing of the deceased. He was on 21st September, 2009, arraigned before the High Court of Lagos State (Coram: Oluwayemi, J) on a one count charge of manslaughter contrary to Section 317 of the Criminal Code Law, Cap 17

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Laws of Lagos State, 2003. He was convicted for manslaughter after trial and sentenced to 14 years imprisonment.

The prosecution posited that the Appellant fired the fatal shot that released the bullet that hit and killed the deceased recklessly. On his part, the Appellant maintained that he merely shot into the air to compel the deceased driver to stop. He made extra-judicial statement, Exhibit C, that is confessional. The medical report, Exhibit D3, confirmed the cause of death to be bullet wound.

The learned trial judge made the following findings of fact in his final judgment, at pages 157-158 of the Record. That is

“By Exhibit C, the defendant Adeusi Adesina admitted after being cautioned in his statement recorded by PW.1 and signed by the Defendant on the 28/11/08 that there was no quarrel between him and the deceased lorry driver. He admitted further that the deceased did not utter a word to him before his hand touched the trigger which released the shot that killed the driver it is trite that the free and voluntary confession by an Accused is sufficient to sustain a conviction. The statement of the defendant is relevant and

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admissibility against him particularly where no objection is raised to the admissibility… there is no evidence on ground depicting that the life of the defendant was in danger to warrant the protection of same by corking his gun on that fateful day.”

These findings of fact formed the basis of the trial Court’s conviction of the Appellant. Aggrieved thereby, the Appellant appealed, unsuccessfully, to the Court of Appeal, Lagos (the Lower Court).

The Lower Court affirmed the conviction of the Appellant by the trial Court. It stressed the Appellant’s recklessness in the handling of his riffle in upholding the conviction of the Appellant for manslaughter, thus at page 210 of the record:

“In this case, the appellant admitted he fired the shot that killed the deceased. DW.2 who is also a policeman who confirmed that he shot and killed the deceased. The Appellant being a policeman knows the consequences of corking his riffle in the circumstances he found himself when he fired a shot that faithful day; … thus, the appeal lacks merit; it fails and is hereby dismissed. I affirm the conviction and the sentence imposed on the Appellant by the Lower Court.”<br< p=””

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