UMAR, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Jos Judicial Division, delivered on the 18th day of February, 2014, which convicted the appellant after allowing the respondent’s appeal and setting aside the decision of the High Court of Bauchi State, which discharged and acquitted the appellant of the charge of culpable homicide punishable with death preferred against him.
Background Facts
The appellant was charged with a lone count of culpable homicide punishable with death under section 221 of the Penal Code Law of Bauchi State. The facts leading to the charge can be summarized thus: On the 18th of October, 2008, the appellant, on returning from work in the evening, did not meet his eldest daughter, Adama Mailumbo, at home, and when he asked for her, he was told by his two other daughters that they did not know her.
whereabouts. The appellant directed his eldest son, the DW2, to go in search of his sister. DW2, while in sea…