HARUNA TONGA V. THE STATE

UCHECHUKWU ONYEMENAM, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Borno State, Maiduguri, delivered on 25th February, 2014 in case No: BOHC/MG/CR/35/CT12/2012; convicting the Appellant Haruna Tonga for culpable homicide punishable with death under Section 221 (b) of the Penal Code.

The Police officer/Legal practitioner in charge of Legal Department of the Nigerian Police of Borno State Police Command; initially brought a charge against the Appellant under Section 222 of the Penal Code for a culpable Homicide not punishable with death. The said charge No: BOHC/MG/CR/29C/2012 was eventually struck out. However while case No. BOHC/MG/CR/29C/2012 was pending, the office of the Attorney-General of Borno State filed another separate charge against the Appellant. The new charge filed by the Attorney-General's office is Case No. BOHC/MG/CR/35C/CT/12/2012; a charge for the offence of culpable homicide punishable with death under Section …