<p>ADEMOLA, C.J.N. (Delivering the Leading Judgment): At the hearing of this appeal on 11th May, 1971, we allowed the appeal of the appellant; acquitted and discharged him on a charge of culpable homicide punishable with death contrary to section 221 of the Penal Code and stated that we would give our reasons later.</p><p> We now do so.</p><p> The appellant was tried at Maiduguri on 18th November, 1969 and sentenced to death. He was accused of killing one Massi, a woman, by stabbing her with a knife. There was no eye-witness to the killing and indeed there was no evidence connecting the appellant with the killing except a statement allegedly made by him confessing that he killed the deceased.</p><p> The learned Judge in his judgment stated that the case against the appellant turned on this confessional statement alleged made to the police, and that the prosecution&#x27;s case rests on the acceptance of the statement. He continued -</p><p> &quot;It was held by the Federal Supreme Court in R. v. Chukwuji Obiasa (1962) 1 All N.…</p>