<p><strong>MARY U. PETER ODILI, JCA (Delivering the leading judgment)</strong>: This is an appeal against the decision dated 6th October 2008 of the High Court of Justice, Abuja FCT, presided by Honourable Justice A. M. Taiba wherein the Accused/Appellant was convicted to death by hanging for the offence of culpable homicide contrary to Section 221 of the Penal Code.</p><p> FACTS:</p><p> The prosecution testified that on 1st January 2004 a case of culpable homicide was referred from the Garki Division involving the accused (Stephen Haruna) now appellant. Prior to the aforementioned date, the accused Stephen Haruna was a security guard working with the Power Holding Company of Nigeria Plc formerly NEPA and was attached to late Barrister (Miss) E.N. Igwe) Assistant General Manager Legal, NEPA Headquarters, Abuja.</p><p> On getting to the scene, PW1 recovered Exhibits A-1 tendered before the Lower Court viz a NEPA Uniform - grey in colour, one black trousers, a broken ceramic, Black batten, a multi coloured boxer pant, a flake,…</p>