THE STATE
V.
MURTALA DA'U
OLUKAYODE ARIWOOLA, J.S.C. (Delivering the Leading Judgment): This is an appeal by the State against the judgment of the Court of Appeal, Kaduna division, Coram: Abba Aji) JCA (as he then was) Aboki, JCA (as he then was) and Abiru, JCA, delivered on 22/5/2015.
The respondent had been tried before the Katsina State High Court, sitting at Dutsin-ma on a sole charge dated 28/12/2005. The charge reads thus:
"That you, Murtala Da'u of Kasai village, Wagini District, Batsari Local Government Area of Katsina State, on or about the 6th day of October 2004 at the same address, committed culpable homicide punishable with death, in that you caused the death of one Lawal Musa by hitting him on the head with an axe with the knowledge that his death would be the probable consequence of your act and thereby committed an offence punishable under Section 221 of the Penal Code."
At the trial Court, the respondent pleaded not guilty to the charge and the case proceeded to hearing. The gist of the case is …