I. LEWIS, J.S.C. (Delivering the Leading Judgment): We now give our reasons for dismissing on the 5th of April, 1972, the appeal of Idirisa Mohammed from his conviction of culpable homicide punishable with death contrary to Section 221 of the Penal Code by Hague Ag. J., in the Maiduguri High Court on the 6th of July, 1971 in Charge No. NEM/31C/1971.
On the 20th of June, 1969, in Maiduguri at about 4.30 a.m., the 1st P.W. according to his evidence went to an outside toilet when a torch was shone in his face and on the face of the accused who lived in the same compound. The accused then shouted and stabbed the 1st P.W. in his left side. The 1st P.W. ran back into his room which he shared with the deceased and the deceased then ran outside and was out about 5 minutes during which time the 1st P.W. heard nothing before the deceased returned to the room sobbing "Mallam, Mallam". The 1st P.W. then went off to the uncle of the deceased to report to the N.A. Police Station where he was taken …