Samuel Peters V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment)

This appeal is against the Judgment of M. A. Dada (Mrs.) J of the Lagos State High Court, Ikeja Division delivered on the 17th of March, 2010, whereby she convicted the Appellant to a term of life imprisonment for manslaughter – pages 128-138 of the Record of Appeal.

At the lower Court, the Appellant SAMUEL PETERS had been charged with a one count charge of conspiring to murder one Wale Masaku (Deceased) on or about the 21st day of June 2006 contrary to Section 316 (1) of the Criminal Code Law of Lagos State 2003 – page 3 of the Record of Appeal.

However at page 4 of the Record of Appeal, which is the Information sheet, the offence stated thereon for which the Appellant is charged is MURDER contrary to Section 316(1) of the Criminal Code Law, Cap 47 Vol. II, Law of Lagos State 2003.

In proof of the prosecutor’s case, it called two (2) witnesses, and the Appellant testified on his behalf.

Written addresses were filed by the respective parties – pages 64-79 of the Record of Appeal.

The Appellant, having been convicted to life imprisonment, is dissatisfied with the Judgment of the lower Court and is desirous of appealing it.

By leave of this Honouable Court granted on the 3rd of July 2012, the Appellant was granted extention of time within which to appeal. On the 12th of July 2012, the Appellant filed a Notice of Appeal encapsulating four (4) Grounds of Appeal – pages 139-141 of the Record of Appeal.

From Record, on the 17th of April 2008, one A.A George told the Court below that he intends to amend the charge – page 102 of the Record of Appeal. There is nothing in the record to reflect any amendment.

On the 25th of June 2008, the Appellant pleaded not guilty to what was simply referred to as 1st count – page 104 of the Record of Appeal. On the 30th of October 2008, the Appellant plead not guilty to a new one count charge, which charge was not stated in the record – page 107 of the Record of Appeal.

On the 27th of November 2008, PW1, P.C. Morgan Enabulele, whose name was not listed in the list of witnesses testified. The Court granted the oral application of learned counsel for the Respondent to add the witness name – page 108 of the Record of Appeal.

Simply put, PW1 testified that on the 22nd of June 2006, a case of assault occasioning harm was reported and referred to him for investigation. He is a Police Officer at Alakuko Police Station attached to Surveillance Branch.

PW2, a Policeman also testified. His names are Patrick Nnadi – pages 117-118 of the Record of Appeal.

The Appellant testified as shown at pages 122-123 of the Record of Appeal.