J. O. OGEBE, J.S.C (Delivering the Leading Jugdment): The appellant and one other were arraigned on the 19th of April 1990 at the High Court of Abuja, Federal Capital Territory, on a one count charge of culpable homicide punishable with death under section 221 of the Penal Code for causing the death of his father, Noshude Atanda Arogundade. The trial court convicted them of the offence based mainly on their confessional statements Exhibit 'D' and 'E', Their appeal to the Court of Appeal was dismissed but their confessional statements were expunged from the record because the Court of Appeal was of the view that the procedure of the trial within trial to determine whether the statements were voluntary or not was irregular. It however, held that there was sufficient circumstantial evidence without confessional statements to support their conviction.
The appellant has further appealed to this Court and the sole issue formulated in the appellant's brief reads thus:
"Whether in the absenc…