FABIYI JSC (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal, Kaduna Division (the court below) delivered on 14 July 2006. Therein, the conviction and sentence of the appellant to death by hanging based on a charge of culpable homicide punishable under section 221 of the Penal Code by the trial judge of Katsina State High Court of Justice on 19 May 1997, was affirmed.
It is apt to state briefly the relevant facts, which form the bed-rock of this appeal. By a charge dated 5 December 1994, the respondent arraigned the appellant before the trial High Court of Katsina State presided over by Yusuf Ibrahim, J. for the offence of culpable homicide punishable with death under section 221 of the Penal Code on 4 July 1995. The charge was duly read and explained to the appellant and he accordingly pleaded not guilty. The facts as given by the prosecution are that the appellant, on or about 11 May 1993 at about 5.30am, caused the death of one Junaidu …