THERESA NGOLIKA ORJI-ABADUA, J.C.A.:(Delivering the Leading Judgment): The Appellant was arraigned before the Kano State High Court on 26/7/2005 on a one Count Charge of the offence of Culpable Homicide punishable with death. The charge reads:
"That you Sanusi Moh'd, of Brigade Quarters, Kano, on or about the 21st day of December, 2001 at Brigade quarters within Kano Judicial Division, did commit the offence of culpable homicide punishable with death to wit; you felled and thereafter struck with concrete blocks several times the head of one Bashir Jibrin which resulted in his death therefore, committing an offence contrary to section 221 of the Penal Code."
He pleaded not guilty to the charge on the same day. Hearing in the matter commenced on 1/12/2005. The Prosecution called three witnesses, while the Defence presented five witnesses.
At the close of defence case, the parties, through their Counsel, addressed the Court by filing written addresses which were duly considered by the tr…