KUTIGI, J.S.C. (Delivering the Leading Judgment): The appellant faced a one count charge at the High Court of Justice Holden at Kano as follows -
"THE CHARGE
That you MANSHEP NAMSOH on or about the 16th May 1988 at about 1545 hours at Police Mobile Force barracks Hotoro Area of the Kano Municipal Local Government within the Kano Judicial Division, committed the offence of culpable homicide punishable with death in that you caused the death of one MIRI TIMKAT by doing an illegal act, to wit shooting him with a rifle gun on his neck with the intention of causing his death thereby committing an offence under section 221 (b) (sic Section 221 (a) of the Penal Code."
The charge was read and explained to him and he pleaded not guilty to the charge. At the trial the prosecution called a total number of eleven witnesses while the appellant testified on his own behalf and called one other witness.
The facts of the case on which the prosecution relied may be summarised briefly as follows. The ap…