Graceville Chambers

JUSTICE FOR THE DEAD OR INJUSTICE FOR THE DEFENDANT?

The, defendant, now appellant, a 22-year-old unmarried lady, who was apparently a pr******te, living in a hotel in Apapa, Lagos State, was on her way to a nightclub in Apapa when she got involved in a struggle with the deceased, who offered her a ride in his car at about 2 a.m.

The deceased demanded oral s*x from the appellant. The struggle in the deceased's car involved the use of a knife owned by the deceased but used by the appellant on the deceased several times, which resulted in the death of the deceased after a struggle because she claimed to be resisting forced oral s*x demanded by the deceased. She fought for her life and shouted for help.

The appellant was arraigned at the High Court of Lagos State on a one-count charge of Manslaughter, contrary to Section 317 (1) of the Criminal Code Law of Lagos State. The appellant pleaded not guilty to the charge. Prosecution and appellant both admitted that the deceased engaged in a struggle with the appellant at the scene of the incident, which involved the use of a knife. Both parties agreed that the deceased slumped and died at the scene of the struggle with the appellant.

At the conclusion of the trial, the appellant was convicted of the offence of Manslaughter and sentenced to 14 years' imprisonment by the High Court of Lagos State. The Court of Appeal affirmed the judgment of the High Court of Lagos State. On further appeal, the Supreme Court dismissed the appeal and upheld the Court of Appeal's decision.
(SAHEED V.THE PEOPLE OF LAGOS -SC/417C/2019 delivered Friday, 13th December 2024)

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