SIMON IMEPURUNGU V. THE STATE

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment delivered on 2nd May 2018, in the High Court of Adamawa State holden at Yola in Suit No ADSY/25C/2017. In the High Court (Court below), the Appellant was tried and convicted for the offence of culpable homicide contrary to Section 221(b) of the Penal Code, Laws of Adamawa State. He was sentenced to death by hanging according to the Law.

According to the only witness called by the Respondent, the Appellant was brought from Toungo Divisional Police Headquarters to anti homicide Section SCID, Yola. He (PW1) was ordered to investigate. While he was interviewing the Appellant, he voluntarily gave him a confessional Statement Exhibit A.

Then Inspector Victor Alfred led them to the scene of crime and they recovered one “single barrel” and registered it with the exhibit keeper.

​The Appellant in Exhibit A stated that on 13th November, 2014 at about 4.00am Michael Timothy, Richard Ate and himself we…