THE STATE V. MAILUMBO ADAMU

ABUBAKAR BABANDI GUMEL, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Bauchi State High Court delivered on 19th October, 2012 in charge BA/09c/2010 Coram Judice, Sambo, J. Upon an application for leave to prefer a charge pursuant to Section 185 (b) of the Criminal Procedure Code Law of Bauchi State and upon same being granted on 28/02/2011, the Respondent was charged with Culpable Homicide punishable with death under Section 221 of the Penal Code Law of Bauchi State. The charge in full read thus:

"That you Mailumbo Adamu on 18/12/2008 at about 20.00hrs in Dagauda Village of Dambam Local Government of Bauchi State committed culpable Homicide punishable with death to wit: you stabbed one Ibrahim Gimba on the arm and chest knowing or having reason to know that death would be the probable consequence of your act, thereby committed an offence contrary to Section 221 of the Penal Code Law."

At the trial, 6 witnesses testified for the prosecution whi…