UWAIS, JSC (Delivering the Leading Judgment): On July 23rd, 1987 the appellant together with another accused person were convicted of culpable homicide punishable with death by the High Court of Sokoto State sitting at Gausau (Abikpo, J.) The charge against them reads as follows:-
"That you Umaru Musa Kasa (sic) and you Babangida Gimba alias Jariri Kura on 27/11/86 at about 0430 hours at Mahuta in Zuru Local Government within the Gusau Judicial Division did commit culpable homicide punishable with death in that you together with two other persons now at large, caused the death of one Hajiya Arita by beating her with lethal weapons with the intention of killing her and thereby committed an offence punishable under section 221 of the Penal Code."
The facts of the case, which are not in dispute, may be stated as follows:
The deceased - Hajiya Arita, was a food seller by occupation. Her mother (PW1) used to go to the deceased's house every morning to assist the deceased in selling food. …