DANIEL SUGH V. THE STATE

A. B. WALI, JSC (Delivering the Leading Judgment): The appellant was charged in the trial court with the following offence

"That you Daniel Iyorvershima Sugh, on or about the 17th day of October, 1984 along Makurdi-Gboko Road in Makurdi town within the Benue State Judicial Division did commit Culpable Homicide punishable with death in that you caused the death of one Robert William Carr by doing an act to wit: you stabbed the said Robert William Carr with a matchet on the left lateral side of his neck with the knowledge that his death would be the probable consequence of your act and you thereby committed an offence punishable under Section 221 of the Penal Code."

The 2nd Accused, Michael Ba'aki who was charged with abetting the commission of the offence the appellant was charged with, was acquitted and discharged by the trial court for want of evidence.

The pathetic facts of the incident culminating in the cold and unprovoked murder of the deceased are narrated by the prosecution as …