The accused was charged with manslaughter contrary to section 325 of the Criminal Code in that on or about the 26th day of October, 1969, he unlawfully killed one Segun George.

The 4th Prosecution witness testified as follows:-

"Later the accused undressed and went to where Segun George was having his bath. There, Segun George told the accused that he was the only white man amongst us and that he, Segun George, would push the accused into the river if he was not careful. The accused said that he came from Sapele. Segun George told the accused that he did not know how to swim and the accused told Segun George that he (Segun George) did not know how to swim. Then Segun George pushed the accused and the accused pushed him back. The two of them were standing close by the river when they were pushing each other. Oteka then told them that they were playing a dangerous game and that they should stop it. Segun George had on a pair of slippers on his feet and as the accused pushed him he slipped into the river. As Segun George fell into the river the accused started to shout..."       

From the above evidence the Prosecution submitted that a case of manslaughter had been proved against the accused. The Doctor's evidence was conclusive of the fact that Segun George died of drowning.

HELD:

(1)     Section 24 of the Criminal Code provides that a person is not criminally responsible for an act or omission which occurs independently of the exercise of his will or for an event which occurs by accident. In this case the defence of accident does not appear open to the accused since he and the deceased were warned that they were playing a dangerous game and since any reasonable person would appreciate the danger of pushing another near a flowing stream, the defence of accident must be rejected.

(2)     The accused would be reasonably expected to have known that to push a person near a stream is a dangerous act and that if death occurs as a result of such pushing his act would amount to manslaughter.

(3)     From the evidence in this case it was clear that it was as a result of the pushing of the accused that the deceased fell into the river and died notwithstanding that the pair of slippers worn by the deceased might have made it easy for him to fall into the river. This was an actus novus interveniens which did not break the chain of causation set up by the act of the accused. The accused must intend the natural consequences of his act.

Accused found guilty.

Case referred to:

Rex v. Lamb (1967) 2 Q.B. 981.

Law referred to:

Criminal Code Section 24.

CRIMINAL TRIAL

Sodeinde, for the Complainant.

Lawrence, for the Accused.

Beckley, J.:- The accused, David Appoh, is charged with manslaughter contrary to section 325 of the criminal code in that on or about 26th day of October, 1969, at Isheri in this Division, he unlawfully killed Segun George.

Five witnesses gave evidence for the prosecution, At the end of the case for the prosecution, Counsel for the accused announced that he would call no evidence, The facts of this case could be summarised from the evidence of the 3rd and 4th witnesses for the prosecution. The third witness for the prosecution in his evidence said, inter alia, as follows:-

"I saw the accused and Bolaji going towards the river. As the accused was coming Segun George told him that he was the only yellow boy amongst us. Segun George told the accused that if he did any nonsense there we shall kill him (the accused). As Segun George took off his clothes to go and take his bath, the accused went to meet him by the river. When the accused got to the side of the river by Segun George, Segun George pushed him and said he, the accused, did not know how to swim. The accused pushed him back. I told the two of them that they were playing a dangerous game. The accused again pushed Segun George and Segun George fell into the river. The two appeared to be playing when the accused pushed Segun George into the river. Immediately Segun George fell into the river the accused started to shout that he had killed somebody. We then returned to our school to lodge a report that the accused had pushed Segun George into the river, and the authorities went to report to the Police."

The 4th witness was Anthony Monu who said, inter alia, as follows:-

"Later the accused undressed and went to where Segun George was having his bath. There, Segun George told the accused that he was the only white man amongst us and that he, Segun George, would push the accused into the river if he was not careful. The accused said that he came from Sapele. Segun George told the accused that he did not know how to swim and the accused told Segun George that he (Segun George) did not know how to swim. Then Segun George pushed the accused and the accused pushed him back. The two of them were standing close by the river when they were pushing each other. Oteka then told them that they were playing a dangerous game and that they should stop it. Segun George had on a pair of slippers on his feet and as the accused pushed him he slipped into the river. As Segun George fell into the river the accused started to shout..."

From the above evidence of the third and fourth witnesses for the prosecution, the prosecution has submitted that a case of manslaughter has been proved against the accused. The Doctor's evidence is conclusive of the fact that Segun George died of drowning, and furthermore, the doctor under cross examination said that "from the body of the deceased there was no evidence of any violence." It is quite clear from the evidence that the accused did not intentionally push Segun George into the river, otherwise he should have been charged for murder and not manslaughter. I accept the evidence for the prosecution.

The main question, therefore, for determination is whether the act of the accused could be regarded as gross negligence or a reckless act without regard to the safety of the life of Segun George. The other question is whether from the evidence adduced for the prosecution this is not a case of mere misadventure. I have endeavoured to discover from the evidence the extent of force which the accused used in pushing Segun George before he slipped into the river, but that evidence is wanting. However, this does not appear important for the reasons I give below.