MARY UKAEGO PETER-ODILI, J.S.C. (Delivering the Leading Judgment): This is an appeal from the Court of Appeal, Sokoto Judicial Division, coram: M. D. Muhammed, A. O. Belgore, M. A. Oredola J.C.A. The appellant was arraigned before the Sokoto State High Court holden at Sokoto presided over by Abbas Bello J. on a one count charge of culpable homicide punishable with death contrary to Section 221(b) of the Penal Code. On the 22nd February 2006, leave was granted to the respondent to amend the charge. The appellant pleaded not guilty to the charge and at the trial the respondent called seven witnesses and tendered several exhibits. The appellant testified in his own defence and did not call any other witness.
Counsel on both sides addressed the court and in a considered judgment the trial court per Hon. Justice Bello Abbas convicted the appellant and sentenced him to death by hanging.
Dissatisfied with the judgment the appellant appealed to the Court of Appeal which court upheld the convi…