BELGORE JSC (Delivering the Leading Judgment)
At the Kano High Court, the appellant was tried and convicted of culpable homicide punishable by death under section 221 of the Penal Code Law. The victim of the offence (hereinafter referred to as “the deceased”) Mamuda Gambo, was a neighbour of the appellant and P.W.1, Haruna Mohammed at Fagge, Kano. The prosecution’s case at the trial Court is that on 13th October, 1989, along Hadejia Road, Kano at a beer parlour of a place called Lilly White Hotel, the P.W. 1 and the deceased were having some drinks and after a while the appellant, Alhaji Salisu Babuga came in and greeted them followed by his buying more drinks for them. Later, the appellant invited P.W. 1 and the deceased for a trip to Bagauda Lake Hotel on a “picknic”, which the two seemed to have enthusiastically accepted. This was after the two had some beer to drink at Lilly White Hotel. The appellant, the P.W. 1 and the deceased entered into the appellant’s car, driven by the appe…