ASHARE AYABA V. THE STATE

CHIMA CENTUS NWEZE, J.S.C. (Delivering the Leading Judgment): The appellant, and his co-accused persons/ were arraigned at the Yauri Judicial Division of the Kebbi State High Court for the offence of Culpable Homicide punishable with death under Section 221 (b) of the Penal Code. Sequel to the not-guilty plea of the appellant, the case went to trial. The Prosecution's case was presented by five witnesses. The following exhibits were tendered, namely, exhibits A and A1, the first accused person's statements; exhibit B, medical report; exhibits E and E1 and F and F1, statements of the second accused person; exhibits, G, H and H1, two cutlasses and their shields, respectively.

The appellant, who testified as DW2, denied knowledge of the Prosecution's witnesses. He equally, disclaimed any knowledge of the incident that prompted his trial. The Prosecution's case was that on April 28, 2007, at Jajjaye village, Shanga Local Government Area, the appellant, and a co-accused person, the deceased…