SANI ABITE V. THE STATE

JAMILU YAMMAMA TUKUR, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Abuja Judicial Division in Appeal No. CA/ABJ/CR/854/2021 delivered on 17th November 2022 wherein the Court of Appeal dismissed the appellant’s appeal and affirmed the decision of the trial court.

The facts of the case which metamorphosed into this appeal revolve around the charge and subsequent arraignment of the appellant before the High Court of Niger State, for the offence of culpable homicide punishable with death contrary to section 221 of the Penal Code. The particulars of the charge are hereinunder reproduced thus:

That you, Sani Abite of Gulbin Boka village via Mariga Local Government Area of Niger State at Gulbin Boka within Kontagora judicial division. On 2nd October 2017 at about 0800 hours, you Sani Abite of Gulbin Boka village on your way to your farm did lay ambush on one Mayaki Mayera of Gulbin Boka with a cutlass with which you inflicted various …