NNAMANI, J.S.C.: (Delivering the Leading Judgment): On 9th April, 1987. I dismissed this appeal and indicated that I would give my reasons for my judgment today. I now give the reasons.
In Charge No. K/22C/81 in the Kano Judicial Division of the Kano State High Court, the following two-count charge was brought against the appellant. They were -
"(1) That you Saka Oladejo on or about the 18th day of December, 1980 at Kurma. Asabe Village in Kano, within the Kano Judicial Division committed the theft of a Volkswagen Car, Registration No. KN 323 KG by taking it out of the possession of Wada Shuaibu Bichi and you thereby committed an offence punishable under Section 287(1)(c) of the Penal Code (As amended by the Penal Code (Amendment No.2) Law 1980).
(2) That you Saka Oladejo on or about the 18th of December, 1980 at Kurma Asabe Village in Kano, within the Kano Judicial Division, committed Culpable Homicide punishable with death in that you caused the death of Wada Shoaibu Bichi by cuttin…