KEKERE-EKUN, J.C.A.: (Delivering the Leading Judgment): The appellant in this appeal was arraigned before the High Court of Katsina State on a one-count charge as follows:
"That you Basil Akpa on or about the 3rd day of December, 1989 at about 18.30 hours at Jibia within Jibia Local Government Area committed culpable homicide punishable with death in that you caused the death of Ikechukwu Njoku by doing an act to wit: butchering him and throwing his legs and hands into a pit latrine with the intention and knowledge that his death would be the probable consequence of your act and thereby committed an offence punishable under section 221 of the Penal Code."
He pleaded not guilty to the charge.
At the trial, two witnesses testified for the prosecution while the appellant testified in his own defence and did not call any other witness. The prosecution tendered four exhibits. At the conclusion of the trial, the learned trial Judge in a considered judgment delivered on 11/8/97, found the ap…