MUFUTAU BAKARE V. THE STATE

OPUTA, JSC (Delivering the Leading Judgment): This appeal was set down for hearing on the 11th day of December, 1986. After going through the record of proceedings, the Briefs filed out both side (which were too brief to be of any use) and hearing learned counsel for the Appellant, I did not consider it necessary to call upon learned counsel for the Respondent. I there and then dismissed the appeal, affirmed the judgment of the Court below, and confirmed the conviction and sentence of the Court of first instance. I indicated that I will give reasons for my judgment today, the 6th day of March, 1987. Hereunder are those reasons.

The Appellant, Mufutau Bakare, was charged with the offence of culpable homicide punishable with death under Section 221(b) of the Penal Code. He was arraigned before the Kwara State High Court holden at Ilorin and presided over by Gbadeyan, J The learned trial Judge heard the evidence of 9 prosecution witnesses. The Appellant made an extra judicial Statement t…