UWAIS, J.S.C. (Delivering the Leading Judgment): The appellant was charged with culpable homicide punishable with death under section 221 subsection (1) of the Penal Code in the High Court of Gongola State sitting in Yola. The trial began on 15th June, 1980 before Aghahowa, J. and continued with series of adjournments up to 17th December, 1981 when it was adjourned to 8th February, 1982 for judgment. However, no judgment was delivered on that day until 5th April, 1982. The appellant was found guilty as charged and was sentenced to death.
On 19th March, 1981 the appellant filed a notice of appeal, which was very much out of time, in the Court of Appeal, Jos. The appeal came up for hearing before that Court on 20th March, 1985 but had to he adjourned to 27th March, 1985 because no counsel was assigned to represent the appellant. In the meantime an application for extension of time within which to appeal to the Court of Appeal was filed by the appellant on 26th March, 1985. This was don…