THE STATE V. RABI HARUNA

OBIETONBARA O. DANIEL-KALIO, JCA (Delivering the Leading Judgment): This appeal is over the decision of the lower Court the High Court of Kaduna State in a criminal matter. The facts of the case are quite simple. One Musa Bello was allegedly attacked by the Respondent Rabi Haruna while he was sleep in his room. He was struck on the head with a pestle twice. Musa Bello was rushed to the hospital. He subsequently died. No autopsy was carried out because his family did not want one and desired to bury him immediately according to Islamic rites. As a result of the incident, a one count charge was filed against the Respondent. It reads:-

"That you Rabi Haruna on or about the 22/8/13 attacked one Musa Bello with a pestle on his head while asleep in his room as a result of which he sustained injury and died, thereby committed the offence of culpable homicide punishable with death as provided by Section 221 of the Penal Code, Laws of Kaduna State of Nigeria, 1991."

At the trial, the prosecution…