JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): This Appeal is against the Judgment and Ruling of the Benue State High Court of Justice sitting at Makurdi in suit number MHC/78c/2012 delivered by Ijohor, J. on November 26, 2014 and March 7, 2014 respectively.
As a prelude to the consideration of the issues arising from the Appeal, the brief facts leading to the Appeal are summarized as follows: The Appellant was arraigned before the lower Court on February 25, 2013 for the offence of culpable homicide punishable with death, following the grant of an application for leave to prefer a criminal charge against her. The charge read as follows:
That you, TERNENGE TERSOO (F), on or about 1000hrs of 28/5/2012 at Mbaamu Mbayegh, Gaav, Konshisha Local Government Area within the jurisdiction of this Honourable Court, did commit Culpable Homicide punishable with death in that you caused the death of Pineter Tersoo by strangling him with the intention of causing his death or with th…