UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Lead Judgment): This appeal is against the decision of the High Court of Yobe State in CHARGE NO. YBS/PT/HC/NNR/11C/2021: THE STATE vs. ADAMU ABUBAKAR delivered on 11th October 2022. The Appellant was arraigned on a one count charge of culpable homicide punishable with death. He pleaded not guilty. In proof of the offence charged, the Prosecution called four witnesses and tendered five exhibits. The Appellant testified in his defence and did not call any other witness. In its judgment, the lower Court held that the Prosecution did not prove the offence charged, it however proceeded to convict the Appellant for the lesser offence of abetment, contrary to Section 83(b) of the Penal Code and punishable under Section 85 of the Penal Code.
The Appellant was dissatisfied with the decision of the lower Court, and pursuant to an order for extension of time to appeal made by this Court on 27th June 2025, the Appellant filed his Notice of Appeal o…