MOHAMMED, J.S.C (Delivering the Leading Judgment): Mohammed Garba is the only appellant in this appeal. He was convicted jointly with Yahaya Shuaibu and Ibrahim Audu of criminal conspiracy, contrary to Section 97 and punishable under Section 22(b) of the Penal Code. On appeal to the Court of Appeal the conviction for the offence of conspiracy was quashed. The appellant Yahaya Shuaibu and Ibrahim Audu were discharged and acquitted of that offence. The conviction of the appellant under section 221(1) for culpable homicide punishable with death was however confirmed. Hence this appeal.
The facts as given by the prosecution were narrated briefly as follows:
There was a wrestling contest at Yandoji Village in Wudil Local Government Area of Kano State. The deceased, Usman Audu who hailed from Wanbantu Village attended the contest. He was at that time in company with Sule Dantsoho who gave evidence during the trial as PW 1 and Dantsoho Salau. PW2. During the contest, the deceased wrestled w…