ADAMU YIDI KAWO V. THE STATE

I. LEWIS, J.S.C. (Delivering the Leading Judgment): On the 6th of May, 1971, Wheeler, J., in the Kano High Court in Charge No. K/20/1971 convicted Adamu Yidi Kawo of culpable homicide punishable with death contrary to Section 221 of the Penal Code and sentenced him to death, and on the 5th of April, 1972, we dismissed his appeal therefrom and now give our reasons for so doing.

The prosecution's case was that the accused had complained to the Village Head that the deceased had put an evil spell on the accused's brother called Gada and as a result Gada had become seriously ill. He asked the Village Head to visit Gada with the deceased and the accused so that the deceased could release Gada from the spell which he had cast on him. When the Village Head refused to intervene, the accused drew a cutlass and struck the deceased on the neck causing him to fall to the ground and, after bleeding heavily, to die there on the spot shortly thereafter.

The 1st, 2nd and 3rd P.W. were all present an…