MALLAM ZARABE V. THE STATE

NZEAKO, JCA (Delivering the Lead Judgment): The appellant was convicted on 23/5/88 of culpable homicide punishable with death. He was charged under section 221 of the Penal Code with causing the death of A Sheriff Mamman by stabbing him with a knife on the stomach with the knowledge that his death would be the probable consequence of his act. The trial was before Ikeotuonye J, sitting at the High Court of Justice Monguno, Borno State, Nigeria. The accused was sentenced to death by hanging and has appealed to this court on 5 grounds. The notice of appeal was filed on 27/7/99 with leave of this court, granted on 5/7/99. It is considered pertinent to draw attention to a supplementary record of proceedings filed with leave of this court granted on 28/3/2002 by learned counsel for the state, the respondent in this appeal. It is to be observed that the issue of obtaining this supplementary record caused much of the delay in hearing the appeal.

Before the hearing, pursuant to the rules of t…