AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment delivered on 10/1/2008 by the High Court of the Federal Capital Territory, Abuja presided over by Honourable Justice M.M. Dodo convicting the Appellant of the offence of culpable homicide not punishable with death under Section 222 (2), (4) and (7) of the Penal Code and punishable under Section 224 of the same law. The Appellant upon his conviction was sentenced to a term of imprisonment for 5 years. The said High Court of the Federal Capital Territory, Abuja will hereinafter simply be referred to as "the lower court".
The facts of the case are that the Appellant alleged that one Mathew Micheal Tyokuwa owed him one hundred and fifty Naira only. The sum of money was the amount the Appellant charged a customer for the repair of an umbrella but which repairs the Appellant allowed the said Mathew Micheal to carry out. Mathew Michael Tyokuwa pocketed the money paid by the customer…