JOHN INYANG OKORO, JSC (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal holden at Sokoto, in Appeal NO.CA/S/187C/2017 delivered on 11th July, 2018 wherein the court below upheld the decision of the trial court which convicted the Appellant for the offence of culpable homicide contrary to section 221(b) of the Penal Code and accordingly sentenced him to death by hanging.
A summary of the facts which has now led to this appeal as gleanable from the record of appeal shows that the Appellant and the deceased, Danjuma Nere were siblings of the same parents. On 7th February, 2012 dispute arose between them over ownership of a cow. The dispute escalated into a fight in the presence of PW1. According to her, she saw the deceased who was the younger brother to the Appellant struck the Appellant and he fell. She tried to separate them but being unable, she rushed to a nearby bush to call their mother who was farming there. Upon her return to the scene…