MOHAMMED HARUNA V. KATSINA STATE

CHIDIEBERE NWAOMA UWA, JSC (DELIVERING THE LEADING JUDGMENT): The appeal is against the decision of the Court of Appeal sitting in Kaduna Division (Coram: H.A.O. Abiru, Oludotun A. Adefope-Okojie and A. A. Wambai, JJCA.) (hereinafter referred to as the Court below) delivered on the 4th of March, 2016 in which the conviction and sentence of the Appellant by the Katsina State High Court (hereinafter referred to as the trial court) presided over by I.B. Ahmed, J. on 5th June, 2014 was affirmed.

The Appellant, as 3rd defendant, was arraigned with two other defendants before the trial Court for the offence of culpable homicide. In the course of the trial, the prosecution called five witnesses. In defence, all the three defendants testified and called three additional witnesses. In a considered judgment at the conclusion of the trial, the trial Court found the Appellant guilty as charged and sentenced him to death by hanging. The Appellant's appeal to the Court below was unsuccessful as his …