FATAYI-WILLIAM, J.S.C. (Delivering the Leading Judgment): On the 10th December, 1974, in the Lokoja High Court, the accused, now appellant, was charged with the offence of culpable homicide punishable with death. The particulars of the offence state that the accused, on or about the 12th day of February, 1974, at about 11 p.m. at Emagaba, Ogugu village in Ankpa Division in Kwara State, committed the offence of culpable homicide punishable with death in that the said Paul Ameh caused the death of one Benjamin Idoko by shooting him with a dane gun knowing that death would be the probable and not only a likely consequence of his act.
The evidence by the prosecution adduced in support of the charge may be summarised as follows. On the day in question, Benjamin Idoko, the deceased, went to his farm to set a trap and never returned. Shaidu Abdul Idoko (P.W.4) and others who later went to look for him found his dead body in the farm of the accused. Eventually, the body was carried to the Gen…