U. OMO, J.S.C. (Delivering the Leading Judgment): On the 23rd of May, 1991, this appeal was heard and dismissed by this Court. It was then adjourned to a future date when the reasons for that decision will be given. I now proceed to give my reasons for dismissing this appeal.
The appellant was charged before the Kano High Court with culpable homicide punishable by death under section 221 (b) of the Penal Code. After a trial which spanned two years and four months, he was convicted of the offence as charged and sentenced to death. On appeal to the Court of Appeal his conviction and sentence were affirmed five years after his conviction in the High Court. It is from the decision of the Court of Appeal that he has appealed to this Court. The only eye-witness of the assault that led to the death of the deceased, one Muktar Usman testified as P.W.1. He saw the appellant chasing an old man at night with a stick in his hand with which he hit him very hard twice on the head and once near the …