STEPHEN JONAH ADAH, JSC (Delivering the Leading Judgment): This appeal is against the decision of the Court of Appeal, Abuja Judicial Division in Appeal No. CA/ABJ/CR/917/2021, delivered on the 4th day of November, 2022. The lower Court, in its decision, affirmed the judgment of the trial Court delivered on the 24th day of September, 2021, in Case No. NSHC/MN/13C/2018, wherein the appellant was convicted and sentenced to death by hanging.
On the 31st day of October, 2018, the appellant herein was arraigned on a lone count charge before the trial Court for the offence of culpable homicide punishable with death under Section 221 of the Penal Code Cap 35, Laws of Niger State of Nigeria 1989.
The appellant pleaded not guilty to the charge. The prosecution now respondent called four (4) witness (PW1-PW4), and also, tendered four exhibits in prove of its case. In defence of his case, the appellant testified for himself as DW1 and thereafter, closed his case.
In a judgment delivered on the 24th…