AFEHE HUMBE V. THE STATE

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): The point raised by this appeal is of special importance for it involves a matter of criminal procedure which may in appropriate cases entail serious consequences. As for the present case itself, the facts are despicable and admit of no argument before this court. The appellant was charged with and convicted of culpable homicide punishable with death in that the appellant, who had had a previous fight with his brother, returned after they were apparently pacified and later emerged with a knife with which he savagely stabbed his brother hacking him to death which took place instantaneously on the spot. He again returned into his room but later emerged with the knife still unsheathed and called on his brother before realising that he indeed was dead.

The charge on which he was tried reads as follows:-

"That you, Afehe Humbe, on or about the 24th day of March, 1973 at Ugondo village near Donga in Wukari Division within the Gboko M…