T. O. ELIAS, C.J.N. (Delivering the Leading Judgment): The accused was at the High Court of the North-Western State held at Sokoto on 15th October, 1971, convicted of the culpable homicide punishable with death of one Hassan Makera on or about 15th November, 1970, contrary to Section 221(b) of the Penal Code. From that decision, he has now appealed to this court.
The material facts appear from the evidence of Alu Illo (3rd prosecution witness), the sole eye witness, who claimed to have seen the accused strike a blow of considerable force on the head of Hassan Makera with a stick. He said that, while driving away straying cattle at the scene of the incident, a cattle rearer came and held his gown, and that it was then that he saw the deceased arrive followed by the accused. He said that, without any argument between the two or any form of provocation offered by the deceased, the accused struck the latter a blow on the head with a stick. The 3rd prosecution witness said that, when the …