MUSDAPHER, J.C.A. (Delivering the Leading Judgment): In the High Court of Justice of the former Borno State, in the then Potiskum Judicial Division and in charge No. B/HC2/89, Musa Wakili, the appellant herein was arraigned before the Court accused of committing culpable homicide punishable with death contrary to the provisions of S. 221 (b) of the Penal Code Law of the former Northern Nigeria applicable in the aforesaid Borno State. At the conclusion of the purported trial, the appellant was convicted and sentenced to death.
This is an appeal against the conviction. The Notice of Appeal contained only one ground of appeal and it was with the leave of this court that five additional grounds of appeal are allowed to be canvassed in favour of the appellant. In compliance with the Rules of this Court briefs of argument were filed and delivered, and at the hearing of this appeal both learned counsel proffered oral submissions in the elaboration of their arguments contained in their respect…