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OKPATA OYAMA
V.
REX
THE WEST AFRICAN COURT OF APPEAL HOLDEN AT LAGOS, NIGERIA
7TH DAY OF JANUARY, 1943
2PLR/1943/47 (WACA)
OTHER CITATION(S)
2PLR/1943/47 (WACA)
(1943) IX WACA PP. 152 – 153
LEX (1943) – WACA PP. 152 – 153
BEFORE THEIR LORDSHIPS:-
DONALD KINGDON, C.J., NIGERIA
BUTLER LLOYD, J.
FRANCIS, J.
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BETWEEN:
REX – Respondent
AND
OKPATA OYAMA – Appellant
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REPRESENTATION
Appellant not present
S. A. McKinstry — for Crown
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ISSUE(S) FROM THE CAUSE(S) OF ACTION
CRIMINAL LAW AND PROCEDURE — PROOF OF CRIME:- Manslaughter — Extreme provocation — Reduction of sentence — How treated
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DECISION OF THE WEST AFRICAN COURT OF APPEAL
Held (allowing the appeal):-
The sentence passed at the trial quashed, and in substitution therefore, appellant sentenced to imprisonment with hard labour for 10 years.
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MAIN JUDGMENT
The following joint judgment was delivered:-
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KINGDON, C.J., NIGERIA, BUTLER LLOYD AND FRANCIS, JJ.
The appellant was sentenced to imprisonment for life upon being convicted of the Manslaughter of one Ekum Agbama. In giving judgment, the learned trial Judge said –
“I believe that there was provocation of the grossest kind and that the accused was carried away by sudden anger and that he killed the deceased before there was time for his anger to cool.”
In view of this we think it proper to accede to the appellant’s prayer that the sentence may “be exchanged for a lesser and definite term of imprisonment.”
The appeal is allowed, the sentence passed at the trial is quashed, and in substitution therefore the, appellant is sentenced to imprisonment with hard labour for 10 years.