LEGAL PRINCIPLE: CRIMINAL PROCEDURE — Alternative Verdict — Reduction from Murder to Manslaughter — Section 179(2) of the Criminal Procedure Law
PRINCIPLE STATEMENT
Under Section 179(2) of the Criminal Procedure Law, a trial court may reduce a charge of murder to manslaughter. Manslaughter is an unintentional killing, not pre-meditated but accidental.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Ejeka v. State (2003) NLC-2582001(SC) at p. 10; Paras B–C.
"By the subsection, a trial court can, in appropriate cases, reduce the charge of murder to manslaughter. Manslaughter is an unintentional killing of a human being. Such a killing is not pre-meditated but accidental, in the sense that it was not intentional."
EXPLANATION / SCOPE
Murder may be reduced to manslaughter where intent is not proved. The principle applies to criminal procedure. The court has discretion. The rule allows appropriate punishment. The killing must be unintentional. The principle is well-established.