A. NNAMANI, J.S.C. (Delivering the leading Judgment): The appellant was the fourth person in charge No. K/49C/84 in the High Court of Kano State. The charge read as follows:
"That you Alhaji Dantofa, Hassan Butsatsa Kanye, Kari Galadima Wasari Umani, Mohammadu Amnur Dodo, Jata Barde and Manuwa Sule on or about the 15th day of January, 1983 at Gavando village in Jahun Local Government Area with in the Kano Judicial Division did commit culpable homicide punishable with death in that you caused the death of one Abdul Aziz Dantakake by doing an act to wit: beating him with sticks and iron with the knowledge that his death would be the probable consequence of your acts and thereby committed an offence punishable under Section 221 (b) of the Penal Code"
It would appear that the whole incident arose from the turbaning ceremony of the new village head on 15th January, 1983. Two factions appear to have arisen in the village made up of supporters of the old village head and supporters of the ne…