OKORO, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal, holden at Sokoto, delivered on 7th December, 2016 by Hussein Mukhtar, Mohammed Lawal Shuaibu and Frederick O. Oho (delivering the lead judgment), JJCA, wherein the appeal of this appellant was dismissed and the judgment of the High Court of Zamfara State, sitting at Gasau and delivered on 19th December, 2014 by N. U.Gummi, J., was affirmed.
The appellant was arraigned before the High Court of Zamfara State on 13th April, 2010 for killing one Haruna Dahiru. He was tried and convicted for committing culpable homicide punishable with death under section 221 of the Penal Code. Consequent upon his conviction, he was on 19th December, 2014 sentenced to death by hanging.
A summary of the facts of the case, as rendered by the prosecution, are that on 22nd October, 2006 while at the Magami Eid praying ground, there was commotion between two factions of the defunct ANPP. During the commoti…