MAKANA DADA V. THE STATE

SIDI DAUDA BAGE, J.S.C. (Delivering the Leading Judgment): The Appellant was arraigned and prosecuted at the High Court of Justice of Kebbi State, sitting at Birnin Kebbi in Birnin Kebbi Judicial Division for the offence of Culpable Homicide punishable with death contrary to Section 221(b) of the Penal Code, and was convicted and sentenced to death by hanging having been found guilty of causing the death of one Mrs. Talina Ganya on 1st March 2002.

FACTS OF THE CASE

The Appellant was alleged to have dealt machete cuts on the deceased person Mrs. Talina Ganya on or about the 1st day of March 2002 which lead to her death on or about the same 1st day of March, 2002, Appellant pleaded not guilty to the charges. In proof of its case, the prosecution called three witnesses and tendered two (2) Exhibits namely, the confessional statement of the accused/appellant and the medical or post mortem report on the deceased victim. For his defence, the Appellant testified on his own behalf without calli…