JULIUS OBANLA V. ATTORNEY GENERAL OF THE FEDERATION

ABUBAKAR DATTI YAHAYA, J.C.A. (Delivering the Leading Judgment): This appeal arose from the decision of the High Court of the FCT Abuja, delivered on the 14th February 2011, wherein the appellant was convicted of the offence of culpable homicide, and sentenced to death.

The one count charge against the appellant reads:-

"That you Obanla Julius 'M' 35 years old of No. 180 FHA, Kubwa Abuja FCT on or about 23rd May 2002 at along Kubwa/Zuwa Express Way FCT within the Abuja Judicial Division did shoot and kill one Shagari Haruna with your official AK Rifle No. 47 NO-KO-358303 and thereby committed an offence contrary to Section 220 of the Penal Code and Punishable under Section 221 of the same Laws."

The facts of the case as led by the prosecution show that the appellant was posted on duty to AP Filling Station adjacent to the Federal Housing Authority junction black spot, on the fateful night. He left his duty post and went to the Federal Housing Authority junction black spot. When an Inspec…