KOPA
V.
THE STATE

ADEMOLA, C.J.N. (Delivering the Leading Judgment): At the hearing of this appeal on 11th May, 1971, we allowed the appeal of the appellant; acquitted and discharged him on a charge of culpable homicide punishable with death contrary to section 221 of the Penal Code and stated that we would give our reasons later.

We now do so.

The appellant was tried at Maiduguri on 18th November, 1969 and sentenced to death. He was accused of killing one Massi, a woman, by stabbing her with a knife. There was no eye-witness to the killing and indeed there was no evidence connecting the appellant with the killing except a statement allegedly made by him confessing that he killed the deceased.

The learned Judge in his judgment stated that the case against the appellant turned on this confessional statement alleged made to the police, and that the prosecution's case rests on the acceptance of the statement. He continued -

"It was held by the Federal Supreme Court in R. v. Chukwuji Obiasa (1962) 1 All N.…