ABUBAKAR DATTI YAHAYA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Niger State in Suit No: NSHC/KG/3C/2019 delivered on the 11th November, 2020, wherein the appellant was convicted for the offence of causing death in an attempt to commit another offence contrary to Section 226 of the Penal Code Law, Cap 94, Laws of Niger State, 1989 (as revised).
A brief statement of the facts of this case are as follows.
The appellant on the 24th of February, 2018 was alleged to have killed his wife, Fatima Buhari. He was charged and arraigned before the Niger State High Court, for the offence of causing death in an attempt to commit another offence, contrary to Section 226 of the Penal Code, Cap 94, Laws of Niger State, 1989 (as revised). The appellant pleaded not guilty to the charge.
The prosecution called two (2) witnesses while the appellant was the sole witness who testified in his defence. Following the close of the case by both parties a…