MOHAMMED LAWAL ABUBAKAR, JCA (Delivering the Leading Judgement): This is an appeal against the judgment of the Adamawa State High Court sitting in Yola delivered on 14th October, 2019 in Suit No. ADSY/36C/2017 presided over by Bulila Ladukiya Ikharo, J. On 25th October, 2018, the Appellant was arraigned on a one-count charge of culpable homicide punishable with death under Section 221 (b) of the Penal Code Law. The charge read thus:
“Abubakar Jika on or about the 14/7/2014 about 2030 hours at Sangasumi Ward, Ganye of Ganye Local Government Area within the Ganye Judicial Division caused the death of one Mustapha Hamman Joda of the same Sangasumi Ward, Ganye by doing an act to wit, stabbing him with a knife on his neck with the knowledge that death would be probable consequence of your act.”
The Prosecution in proof of its case at the trial called four (4) witnesses, tendered two (2) exhibits which were all admitted and marked accordingly. The defence on its part called two witnesses.…