ISHIAKA MOHAMMED V. THE STATE

ADAMU JAURO, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the High Court of Kogi State, sitting in Ankpa delivered by Honourable Justice A.N. Awulu in Case No. AHC/5C/2018 on 17th July, 2019 wherein the Appellant was found guilty for the offence of Culpable Homicide not punishable with death and sentenced to 10 years imprisonment.

BRIEF STATEMENT OF FACTS

The Appellant was charged with a lone count of Culpable Homicide not punishable with death contrary to Section 224 of the Penal Code. The said charge at page 2 of the Record of appeal is hereunder reproduced as follows:

“That you Ishiaka Mohammed (M) on or about the 17th day of November 2017 at No. 5 Zaria Road, Anpka Local Government Area within the Kogi State Judicial Division committed culpable homicide not punishable with death in causing the death of one Saad Abubakar by doing an act which you knew was likely to cause him death to with(sic); while engaged in a fight with the said Saad Abubakar yo…