UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Lead Judgment): The background facts of this matter, as garnered from the cold printed records, disclose that the deceased was friendly with the Appellant’s younger brother and used to visit him. The Appellant, being of the conviction that the deceased was of bad character, and a bad influence on his brother, told the deceased to stop coming to their house. On the fateful day of the incident, the Appellant returned from work and met the deceased in their house, something he had told him to desist from doing; whereupon the Appellant attacked the deceased with a pestle hitting him on the leg and several parts of the body. The deceased later died from the injuries that he sustained in the attack.
It is on this set of facts that the Appellant was prosecuted before the High Court of Gombe State for the offence of culpable homicide punishable with death in CHARGE NO. GM/65C/2023: THE PEOPLE OF GOMBE STATE vs. ISAH BUBA BAUCHE. At the end of t…