ELINA SHIDE V. THE STATE

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment delivered on 28th March, 2017 in the High Court of Taraba State holden at Takum.

The Appellant was convicted and sentenced to death by the High Court (the Court below) on the following charge:

STATEMENT OF OFFENCE

Culpable homicide punishable with death under Section 221(a) of the Penal Code.

PARTICULARS OF OFFENCE

That you ELINA SHIDE on or about 30th of October, 2013 at Bawuro Village Takum Local Government of Taraba State within the Takum Judicial Division, committed an offence of culpable homicide punishable with death, to wit: with the intent to cause death you inflicted fatal injuries on the head, face and right hand of LYDIA SHIDE with a cutlass and there caused her death instantly.

The facts of the case for the Respondent at the Court below are contained in the evidence of the only two witnesses called by the Respondent. The evidence of PW1 and PW2 is at pages 20 to 21 and 22 23 of the…