FESTUS OBANDE OGBUINYA, J.S.C. (Delivering the Leading Judgment): This appeal interrogates the rightness of the decision of the Court of Appeal, Kaduna Division (hereunder addressed as “the lower court”), coram judice: I.M.M. Saulawa, S.T. Hussain and T.Y.Hassan, JJCA, in Appeal No: CNKl370c/2018, delivered on the 22nd July, 2020. In its decision, the lower court affirmed the judgment of the High Court of Kaduna State (the trial court), in ChargeNo: KDH/KAD/29c/2016, delivered on the 14th December, 2017, wherein G. I. Kurada, J. convicted the appellant for the offence of culpable homicide punishable with death.
The precis of the material facts of the case, which transfigured into the appeal, are disobedient to complexity. On the 25th June,2015, at about 12:30 pm, in Tafa Town along the Kaduna-Abuja Expressway, Kaduna State, one Sgt. Mohammed Tiji (PW2),attached to the Nigeria Police, Zaria Command, was going home, after close of work, when he heard a shout.
He looked around and saw that…