F. F. TABAI, J.S.C (Delivering the Leading Judgment): The Appellant was tried at the Kano Judicial Division of the High Court of Kano State on a one count charge which reads as follows:
"That you Rabi Isma'il on or about the 25th December, 2002 at Rurum dam along Tiga Road did commit culpable homicide punishable with death, in that, you caused the death of one Auwalu Ibrahim (Alias Zazu) by doing an act to writ drugging him by means of giving him a doped Eclairs sweet as a result of which the deceased lost consciousness and you later pushed him into the dam with the knowledge that death will be the probable consequence of your act and you thereby committed an offence punishable under section 221(8) of the penal code."
The actual trial commenced on the 18th of November, 2003, when a fresh charge was substituted for the old one and the plea of the accused taken.
The prosecution called a total of 9 witnesses. The Appellant alone testified in self defence. In its judgment at the end of th…