ABUBAKAR DATTI YAHAYA, J.C.A.(Delivering the Leading Judgment): This appeal arose from the judgment of the High Court of Kogi State, Lokoja, delivered on the 25/3/09 convicting the appellant for the offence of culpable homicide punishable with death, and sentencing him to death by hanging.
The appellant was at the trial court, charged and tried for the offence of culpable homicide contrary to Section 221(a) of the Penal Code. The facts are that on the 10th day of November, 2007, at Lokoja, the appellant approached his father (the deceased) and requested for a cutlass to enable him to clear grass around the house. When the deceased father obliged him, the appellant used the cutlass to inflict "several matchet cuts" on the deceased's head and face until he died on the spot. Thereupon, the appellant came out brandishing the cutlass which was stained with blood and singing. People feared to approach him. He then cleaned the cutlass and ran away
At the trial, the prosecution called five wi…