A Lagos High Court sitting in Tafawa Balewa Square on Tuesday released and acquitted a woman, Christiana Odo, accused of stabbing her husband to death during a fight.
The judge, Yetunde Adesanya, acquitted and acquitted the accused after the evidence of self-defense was established through the testimonies of the witnesses.
The judge cited a Supreme Court decision declaring the ingredients of legitimate defense.
He said that to prove legitimate defense, the defendant must be blameless in provoking the encounter.
He also said that there must have been no safe or reasonable means of escape by withdrawal.
The judge, however, said that the self-defense test lied to the defendant.
“Having found the extrajudicial statement of the accused, where she confessed to having stabbed her husband during a fight while the deceased was holding a broken bottle is the truth of what really transpired.
“Also the evidence of the investigating police (IPO), who collected that the parties had a very conflictive relationship, which led the Baale in the area to give them the eviction notice.
“It was also found that on the day of the incident it was said that the deceased was drunk and armed with a broken bottle.
“The OPI testified that a broken bottle was recovered from the crime scene.
“On the totality of the foregoing, I must find and maintain that the plea of legitimate defense assures in favor of the accused and takes advantage of the crime of involuntary manslaughter.
“The accused is released and acquitted of the crime of involuntary manslaughter.
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The Nigerian News Agency (NAN) reports that the defendant was indicted for the first time on June 13, 2018, on one count of involuntary manslaughter.
The prosecutor, Olayemi Shofolu, had told the court that the defendant committed the crime on December 25, 2016, at number 2, London Barber St., Ikorodu, Lagos.
He said the defendant killed a Romanian Odo by stabbing him with a knife in the chest.
He said the crime contravenes Section 229 of the Lagos State Penal Law, 2015. (NAN)