MAHMUD MOHAMMED, JSC (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal Jos Division delivered on 17th May, 2010 in which the Court nullified the judgment of the High Court of Justice of Yobe State given on 24th February, 2005 by which the Appellant was convicted of Culpable Homicide punishable with death and sentenced to death accordingly. The Court of Appeal on allowing the appeal, nullified the judgment of the High Court and ordered for a retrial of the Appellant by another Judge of the Yobe State High Court of Justice on grounds of irregularities in the conduct of the trial which rendered the entire proceedings a nullity.
The Appellant was Security Guard with the Government Girls Secondary School Potiskum in Yobe State. The deceased was also working with the Appellant as Security Guard. The Appellant who suspected the deceased of having an affair with his wife, pursued the deceased and struck him with an axe and that act resulted in the …