TUNDE O. AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the Judgment in respect of the appeal filed by the appellant on 23/4/13 vide his Notice of Appeal which contains 5 Grounds of appeal.
The appeal is against the judgment of D. B. Sambo J. delivered on 26/3/2013.
The charge against the accused (now appellant read as follows):
"That you Buba Sule 'M' of Sangiwa village Rabah Local Government Area Sokoto on 19/12/2009 at about 4:00hrs at Sangiwa village Rabah Local Government of Sokoto State within Sokoto Judicial Division did commit the offence of culpable Homicide punishable with death in that you caused the death of Abdullahi Mohammed by stricking him severally on his dead with cutlass as a result he fell down and died on the spot, you thereby committed an offence punishable under Section 221(a) of the Penal Code."
The charge was read to the accused and his plea was taken.
The learned trial Judge proceeded to hear parties and their respective witnesses before givi…