IBRAHIM MOHAMMED MUSA SAULAWA, JSC (Delivering the Leading Judgement): The present appeal is against the judgment of the Court of Appeal, Gombe Judicial Division, delivered on August 2, 2021 in appeal No. CA G/26c/2020. By the said judgment, the Court below coram Sankey, JCA (as then was), Awotoye and Tobi, JJCA, affirmed the conviction and sentence to death passed upon the Appellant by the trial High Court.
BACKGROUND FACTS
The Appellant was arraigned before the trial High Court, holden at Gembe, upon a one count charge of culpable homicide punishable with death:
That you, Usman Bakari on or about the 5th day of March, 2016 at New GRA Gombe, Gombe State within the jurisdiction of this Honourable Court did commit the offence of Culpable Homicide punishable with death in that you caused the death of one Yakubu Dalli by stabbing him with an iron road which pierced through his ribs to his chest, with the knowledge that his death would be the probable consequence of your act and you thereby …