ABUBAKAR DATTI YAHAYA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Kogi State High Court, sitting at Okpo, delivered on the 28th day of March 2013 in Charge No.OHC/4C/2012. The appellant was accused in the charge as follows -
"That you, Pastor Sunday Alfa, on or about the 24th day of February, 2012, at Ibalu Iyere Village, Okpo in Olamoboro Local Government Area, within the Kogi State Judicial Division, did commit culpable homicide punishable with death/ in that you caused the death of one Rose Sunday Alfa by inflicting wounds on her with a cutlass with the intention of causing her death and you thereby committed an offence punishable under section 221(a) of the Penal Code."
The appellant was found guilty and sentenced to death by hanging.
The facts presented by the prosecution, are that the appellant, on the fateful day of 24th February 2014, left his bedroom and entered the bedroom of his wife, Rose Alfa, the deceased, at about 3:00am and the…