GAMBO MUSA V. THE STATE

J. A. FABIYI, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Jos Division delivered on 6th July, 2006 in which the appellant's appeal against his conviction and sentence to death by hanging by the trial High Court of Justice of Borno State holden at Maiduguri on 24th February, 1994 was affirmed.

At the trial court, the appellant was arraigned for the offence of culpable homicide punishable with death contrary section 221 (b) of the Panel Code. The charge reads as follows:-

"That you Gambo Musa on or about 25th of July, 1998 at Gwange 11 primary school in Gwange ward Maiduguri Metropolitan Area did commit culpable homicide punishable with death in that you caused the death of Umaru Alhaji Idrisa by doing an act to wit: you brought out a knife and stabbed Umaru Idris on the chest when you know or had reason to know that death was the probable and not only likely consequence of your act and thereby committed an offence punishable und…