JUSTICE A. B. MOHAMMED, JCA (DELIVERING THE LEADING JUDGMENT): This is an appeal against the judgment of the High Court of Niger State (the trial court), delivered by Hon. Justice Binta Bawa on the 30th of November, 2021. The Appellant was arraigned before the trial court for the offence of culpable homicide not punishable with death. The Charge against the Appellant reads thus:
“That you, Saminu Ibrahim, male, of Bangi town via Mariga Local Government Area of Niger State within Kontagora Judicial Division on 21st May, 2016 at about 1:00hrs had misunderstanding with Sani Umaru ‘m’ of the same address over his girlfriend named Zuwaira which he alleged that Saminu Ibrahim touched and fight ensued between both of you, and you now took a piece of wood with which you now hit him on his neck as a result of which he fell down and died on his way to general hospital Bangi and you are thereby alleged to have committed an offence of culpable homicide contrary to Section 224 of the Penal Code Law…