RABBO DAMINA V. THE STATE

ONU, JSC (Delivering the Leading Judgment): The appellant, Rabbo Damina, was arraigned before the High Court of Niger State sitting in Minna upon a charge transmitted thereto from a preliminary investigation held by a Chief Magistrate for the offence of culpable homicide punishable with death contrary to Section 221 (b) of the Penal Code in that on 18th May, 1983 at Ndazabo, he killed one Bargo. The trial High Court presided over by Umaru Isiyaku Agora, J (of blessed memory) convicted the appellant who thereupon appealed to the Court of Appeal sitting in Kaduna (Coram: Uthman Mohammed, JCA, as he then was, Ogundere and Okunola, JJCA) which affirmed the decision of the trial court and accordingly dismissed the appeal. Being dissatisfied with this decision, the appellant has further appealed to this court.

The facts of the case, briefly stated, are that on 18th May, 1983 at Ndazabo Village, the deceased called Bargo (he was also referred to as Audu but by no means were the two names eit…