FREDERICK OZIAKPONO OHO, J.C.A. (Delivering the Leading Judgment): The Appellant was arraigned, tried unto conviction and sentenced to death by the High Court of Sokoto State sitting at Sokoto in the Sokoto Judicial Division on the 28th day of April, 2015 for the offence of Culpable Homicide Punishable with death for unlawfully killing of one Abubakar Magaji (hereinafter referred to as the deceased) on the 15th day of April, 2013 at Wariya Village, Tangaza Local Government Area within the Sokoto Judicial Division by hitting the said deceased with a stick which resulted in his death; an offence punishable under Section 221 of the Penal Code.
The facts of this case is the deceased, one Abubakar Magaji on the said 15-4-2014 at night while lying down next to his father one Magaji Mamman, the Appellant scaled the fence of the house and entered into the section where the deceased and his father Magaji were sleeping. He hit the deceased who was fast asleep with a stick on the forehead and too…