ABDU ABOKI, J.C.A: (Delivering the Leading Judgment): This is an appeal against the decision of the Kaduna State High Court No. 4 delivered on 24th February, 2009 by Gideon Isa Kurada J.
The brief facts of the case are that the appellant on or about the 12th day of August, 2002 at Adebo Village in Birnin Gwari stabbed one Ibrahim Yusuf with sharp knife on his neck, who died instantly.
On the 5th day of May, 2005, the appellant was charged for the offence of culpable Homicide punishable with death.
At the trial, the prosecution (hereinafter called the respondent) called 4 witnesses and tendered 4 exhibits in its bid to establish its case against the appellant, on the other hand, the appellant testified for himself and tendered no exhibit.
At the conclusion of the trial, the appellant was found guilty and accordingly sentenced to death by hanging.
Aggrieved bythe said decision, the appellant appealed to this Court through a notice of appeal.
Briefs of argument were in accordance with t…