SAIDU TANKO HUSSAINI, J.C.A. (Delivering the Leading Judgment): The appellant was tried convicted and sentenced to death at the High Court of Justice of Adamawa State sitting in Yola on the 22nd June, 2011 for the offence of Culpable Homicide Punishable under Section 221(b) of the Penal Code. He was alleged to have caused the death of one Yerima Yahaya by knocking him down and cutting him on the head and shoulder by the use of cutlass, knowing that death would be the probable consequence of his act.
The deceased was said to have hailed from the village of Tell-Tell in Madagali Local Government Area of Adamawa State where the incident took place on the 20th November, 2005. The appellant was returning to his home when the deceased allegedly grabbed him by the neck and in the struggle that ensued, the appellant got hold of the cutlass/matchet held by the deceased and struck the deceased several times on the head. Blood started gushing out of his head until he died.
The case came up for men…