MARY U. PETER ODILI, JCA (Delivering the leading judgment): This is an appeal against the decision dated 6th October 2008 of the High Court of Justice, Abuja FCT, presided by Honourable Justice A. M. Taiba wherein the Accused/Appellant was convicted to death by hanging for the offence of culpable homicide contrary to Section 221 of the Penal Code.
FACTS:
The prosecution testified that on 1st January 2004 a case of culpable homicide was referred from the Garki Division involving the accused (Stephen Haruna) now appellant. Prior to the aforementioned date, the accused Stephen Haruna was a security guard working with the Power Holding Company of Nigeria Plc formerly NEPA and was attached to late Barrister (Miss) E.N. Igwe) Assistant General Manager Legal, NEPA Headquarters, Abuja.
On getting to the scene, PW1 recovered Exhibits A-1 tendered before the Lower Court viz a NEPA Uniform - grey in colour, one black trousers, a broken ceramic, Black batten, a multi coloured boxer pant, a flake,…