A. B. WALI, JSC (Delivering the Leading Judgment): In the trial court, the appellant was charged with the following offence:-
"That you Adamu Garba on or about the 28th June, 1986, along Gabaitawa/Kadassaka road of Gwadabawa Local Government Area within the Sakata Judicial Division did commit culpable homicide punishable with death in that you caused the death of one Garba Ibrahim by doing an act to wit striking him with a cutlass/matchet with the knowledge that his death would be the probable consequence of your act and thereby committed an offence contrary to section 221(6) of the Penal Code:"
The appellant pleaded not guilty to the charge and the case proceeded to trial. The prosecution called the witnesses to prove the charge. The appellant neither called witness nor did he testify to rebut the prosecution's evidence.
The prosecution's case in brief is as follows
It was the deceased's practice to go on an annual trading trip from Sokoto to Yola in the then Gongola but now in Ada…