BABANGIDA JOHN V. THE STATE

SOTONYE DENTON WEST, JCA (DELIVERING THE LEADING JUDGMENT): This is an appeal against the judgment of the High Court of Kwara state, Ilorin Division in suit No KWS/2C/2008. The judgment was delivered by Honourable Justice H. A Saleeman on the 1st Day of June, 2010. The appellant is appealing against the conviction and sentence passed on him by the court.

The appellant was convicted on a one-court charge which read this:-

"That you Babangida John on or about 18th day of June 2007 at Ripiyo village, Atere Camp via Banni Moro Local Government Area of Kwara State within the jurisdiction of this Honorable Court committed culpable homicide punishable with death to wit; you did cause the death of Memunatu Rasaki by matcheting her severally with cutlass and thereby committed an offence punishable under Section 227 of the Penal Code"

The Charge was read to the Appellant and he pleaded "Not guilty". The Prosecution called three witnesses and tendered eight exhibits and the Appellant gave his evid…