ABIRU, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal, Sokoto Judicial Division, delivered on the 2nd of February, 2018 in Appeal NoCA/S/53c/2015. The appellant was arraigned before the High Court of Kebbi State, the trial court, on a two-count charge of culpable homicide punishable with death and armed robbery.
The appellant was alleged to have, on or about the 3rd of March,2009 at Gwandu-Malisa Road in Gwandu Local Government Area of Kebbi State and while armed with a locally made pistol, attacked and robbed one Rilwanu Maude of his motor vehicle and to have, in course of the armed robbery, caused the death of the said Rilwanu Maude by shooting him in his ribs with a locally made pistol, with knowledge that death was a probable consequence of his action. The appellant pleaded not guilty to the charge and the matter proceeded to trial.
The case of the respondent was that the deceased, Rilwan Maude Gwandu, was a driver of a car for h…