FREDERICK OZIAKPONO OHO, J.C.A.(Delivering the Leading Judgment): This appeal is against the Judgment of the High Court of Kebbi State CORAM: ZAYYANU NAGODI, J sitting at the Birnin Kebbi Judicial Division, delivered on the 9th day of October, 2013 wherein the Appellant was convicted and sentenced to death, on a count of Culpable Homicide Punishable with death contrary to Section 221 (b) of the Penal Code in Case No. KB/HC/15C/2012. See pages 69-88 of the Records of Appeal for judgment of the High Court of Kebbi State. The Appellant, sometime in 2012, while suspected to be committing a crime used his car Toyota Previe with registration no. AQ 456 ADK EKITI to kill one Inspector Tanimu Danjuma by hitting and running over him, thereby resulting to his death.
In proof of the charge against the appellant, the respondent called a total of four witnesses who testified as the PW1, PW2, PW3 and PW4 and also tendered Exhibit A, B, C and D and closed its case. On the part of the Appellant, he te…