Judgment
JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment) : This appeal is against the judgment delivered on 17th July, 2018 in the High Court of Bauchi State holden at Bauchi. In the High Court (the Court below), the Appellant was convicted for the offence of culpable homicide contrary to Section 221 of the Penal Code. He was sentenced to a prison term of twenty-five (25) years. The facts of the case as can be made out from the evidence of the witnesses called by the Respondent include the following salient ones.
According to the PW1 he was standing with his brother at about 8:30pm when the Appellant and one other person approached and the Appellant asked them a couple of questions and then stabbed PW1’s brother with a knife on the chest. The PW1 went to the Special Anti-Robbery Squad and reported the incident. When members of the Special Anti-Robbery Squad went to the scene they were told that the victim had been taken to the hospital. The PW1 went home to report before proceeding to the hospital.
Then he was told that the victim of the stabbing had died. In his defence, the Appellant said that some people came to borrow his motorcycle.
He told them it was night. He was going home. One of them brought out a knife and chased the Appellant. The Appellant took to his heels and started shouting for help. People gathered and asked him what was happening. He told them that somebody wanted to snatch his motorcycle. The following day while he was discussing with some people, those who approached him the previous night came again and said they were going to snatch the motorcycle. They brought out three knives. One cut him on his arm. He used his motorcycle lock to hit one of the attackers.
According to the Appellant the weapons tendered in Court were not recovered from him. On 13th July, 2021 the Appellant applied for and was granted extension within which to appeal against his conviction and sentence by the Court below. Upon the grant of the application, the Appellant on 22nd July, 2021 filed a notice of appeal containing two grounds of appeal.
From the two grounds of appeal, the Appellant in an Appellant’s brief filed on 15th September, 2021 presented the following lone issue for determination: Whether the prosecution had proved the essential ingredients of the offence of culpable homicide against the Appellant? (Grounds 1 and 2). The Respondent formulated a similar issue thus: Whether the prosecution has proved the offence of culpable homicide beyond reasonable doubt against the appellant to warrant his conviction. (Distilled from Grounds 1 and 2).
