By Abdulwahab Abdulah & Onozure Dania

The Lagos Division of the Court of Appeal, yesterday reserved judgment on an appeal filed by the ex-Divisional Police Officer (DPO) of Agege Police Station, Segun Fabunmi, praying the court to nullify a 10-year jail term passed on him by a Lagos High Court for manslaughter.

Justice Olabisi Akinlade of a Lagos State High Court had sentenced Fabunmi to 10 years inprisonment for manslaughter, following the death of one Ademola Aderintola Daramola during the January 9, 2012 fuel subsidy protest in Lagos.

The lower court found Fabunmi guilty of shooting three other persons – Alimi Abubakar, Egbujor Samuel and Chizorba Odoh, during the protest, thereby causing them grievous bodily harm.

Dissatisfied, Fabunmi in his notice of appeal urged the appellate court to set aside the judgment of the lower court and set him free.

Arguing the appeal yesterday, Fabunmi’s counsel, C.J Jiakponna stated that the conviction and sentencing of Fabunmi was in error, urging the court, in the interest of Justice, to allow the appeal and set aside the judgment of the lower court.

He argued that the lower court relied solely on the evidence of the prosecution which he said was contradictory in nature and that the court to determine; whether the prosecution proved their case beyond reasonable doubt, whether the learned trial Judge properly evaluated the evidence before convicting the appellant and whether the lower court considered the defence available before convicting Fabunmi for the offence of manslaughter.

But, Lagos State represented by its Attorney-General and commissioner for Justice, Adeniji Kazeem SAN urged the court to affirm the judgment of the lower court and dismiss the appeal.

He maintained that the act of the appellant was intentional with knowledge that death or grievous bodily harm was it’s possible consequences.

Kazeem further submitted that the trial judge was right when she resolved that the act of the appellant was intentional with knowledge that death or grievous bodily harm was it’s possible consequences.