UDO UDOMA, J.S.C. (Delivering the Leading Judgment): On 26th May, 1972, we dismissed this appeal for the reasons which we now give.
The appellants, Molo Hu and Ba Hune, were convicted in the High Court of the North-Eastern State, holden at Maiduguri, of culpable homicide punishable with death under Section 221 of the Penal Code in that they caused the death of Gumsora Gwambe, by beating him with sticks knowing that death would be the probable consequence of their act contrary to Section 220 of the Penal Code. They were sentenced to death. They appealed to this Court.
At the trial in the High Court before Hague, (Ag. J.), eight witnesses testified for the prosecution. The appellants did not themselves give evidence. They relied on the statements made by each of them under caution to the Police during the investigation of the case. Each of the statements was admitted in the proceedings and marked respectively Exhibits 'A2' and B2' (English translation); and each of the appellants also c…