WALTER SAMUEL NKANU ONNOGHEN, JSC (Delivering the Leading Judgment): This appeal is against the Judgment of the Court of Appeal, Holden at Jos on appeal No. CA/J/127C/96 delivered on the 23rd day of March 2004 in which the court substituted a verdict of guilty of the offence of culpable homicide punishable with death under Section 221(a) of the Penal Code for that of the trial Court which on 23rd November, 1995 found appellant guilty of culpable homicide under Section 220(b) of the Penal Code and punishable under Section 224 of the same code and sentenced him to a term of 11 years imprisonment.
Appellant was charged on an information before the Gongola State High Court sitting at Jalingo with a count of culpable homicide punishable with death under Section 221(a) of the Penal Code to which appellant pleaded not guilty.
At the conclusion of trial, the matter was adjourned to 11th May, 1995 for Judgment which was, however, not delivered due to the fact that OLUOTI J. who heard the matte…