OCHIBA
V.
STATE (SC)

PETER-ODILI JSC (Delivering the Lead Judgment): This is an A appeal against the decision of the Court of Appeal, Jos Division, hereinafter referred to as the court below. The decision of the court below was delivered on 29 June 2010 affirming the conviction and sentence of the appellant for the offence of culpable homicide punishable with death contrary to section 221 of the Penal Code. At the trial High Court presided over by the Honourable Justice Yargata Nimpar of the High Court of Justice, Jos, Plateau State, before whom the appellant was arraigned, on 9 November 2005 and who convicted the appellant for culpable homicide and sentenced him to death by hanging.The appellant appealed to the Court of Appeal, Jos unsuccessfully as that court dismissed the appeal and affirmed the conviction and sentence of the appellant. Against that judgment of the court below delivered on 29 June 2010 that the appellant has appealed to this court. A brief of the facts is that the charge against the …