HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Jigawa State in Suit No JDU/24C/2007 delivered by Honorable Justice A. M Nakullum on the 24th of September, 2008. The Appellant was arraigned before the lower Court on a one count charge of culpable homicide punishable with death under section 221(b) of the Penal Code and he was alleged to have killed his wife called Biba on the 30th day of April, 2007 at Falgore Village in Jahun Local Government Area of Jigawa State by stabbing her with a machete on the head.
The Appellant pleaded Not Guilty to the charge and the matter proceeded to trial. The Respondent called five witnesses in proof of the charge and the Appellant called no evidence but rested his case on the evidence of the Respondent. At the conclusion of trial, the lower Court found the Appellant guilty as charged and sentenced him to death. The Appellant was dissatisfied with the judgment of the …