U. MOHAMMED, JSC (Delivering the Leading Judgment): The respondent, Musa Danjuma, was arraigned before Ja'afaru J of Kaduna High Court for the offence of culpable homicide punishable with death, contrary to section 221(b) of the Penal Code. At the end of the trial the learned trial Judge found that the prosecution had failed to prove the essential ingredients of the offence charged and also that he entertained doubt as to whether death was caused by act of the accused, now respondent in this appeal. He found the accused not guilty and discharged and acquitted him.
The State appealed against the decision of the High Court to the Court of Appeal, Kaduna Division. After considering all the submissions made before it the Court of Appeal, per the lead judgment of Ibrahim Tanko Muhammad, JCA, allowed the appeal and convicted the respondent of the offence of culpable homicide not punishable with death, contrary to section 224 of the Penal Code.
The court sentenced him to a fine of ₦5,000.00…