JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Justice of Gombe State in Suit No. GM/40C/2018 delivered on 17th December, 2018, Coram: J.A. Awak, J. Therein, the Appellant was convicted for the offence of culpable homicide under Section 221 of the Penal Code and sentenced to death.
Succinctly, the facts of the case leading to the appeal are as follows: The Appellant was arraigned before the lower Court on a single count charge for the offence of culpable homicide punishable with death under Section 221 of the Penal Code. The Charge read as follows:
“That you, Usman Bakari, on or about the 5th day of March, 2016 at New GRA Gombe, Gombe State within the jurisdiction of this Honourable Court did commit the offence of Culpable Homicide punishable with death in that you caused the death of one Yakubu Dalli by stabbing him with an iron road (sic) which pierced through his ribs to his chest, with the knowledge that his …