STANLEY SHENKO ALAGOA, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal Abuja Division delivered on the 15th April, 2010 which allowed the Appeal against the Ruling of the Kogi State High Court delivered on the 30th March, 2009 by Otu J. The facts leading up to this appeal are briefly set out hereunder:-
The Respondent who was the accused at the High Court Okene was charged with the offence of Culpable Homicide punishable with death under section 221(a) of the Penal Code. The charge against him was that on the 10th November, 2005 while armed with a gun, he had intentionally shot and killed one Nasiru Audu.
In the course of trial on the 23/1/2008 the Statement of the Respondent taken on the 1st January, 2006 was admitted in evidence and marked exhibit 'B' by the learned trial Judge. Subsequently Counsel for the Respondent by motion on Notice dated 17th April, 2008 and brought pursuant to section 6(6) of the Constitution of the Fede…