BULKACHUWA, J.C.A. (Delivering the Leading Judgment): The appellant, as accused was arraigned before the Yobe State High Court on the 18th October, 2004 on a charge of culpable homicide punishable with death which reads:
"That you, Alhassan Maiyaki, on or about the 7th day of June 2004 at about 07:30 hours around Texaco Filling Station at Potiskum Local Government Area which is within the jurisdiction of the Yobe State High Court of Justice did commit culpable homicide punishable with death in that you caused the death of one Habu Usman of Potiskun town by doing an act to wit you shot on his head with your rifle in the cause of struggle with others with the knowledge that his death would be the probable consequence of your act and you thereby committed an offence punishable under section 221 of the Penal Code."
The prosecution called four witnesses and tendered 3 exhibits, while the appellant/accused testified in his defence and called another witness. He also tendered 3 exhibits. At …