This is an appeal against the judgment of the Court of Appeal. The appellant was arraigned before trial Kogi State High Court of Justice on a single charge of culpable homicide punishable with death, contrary to Section 221 (b) of the Penal Code, Laws of Northern Nigeria.

It was the case of the respondent (Prosecution) at the trial court, that the appellant committed the offence with which he was charged. The appellant admitted in both Exhibits C and D that he shot the deceased with a gun which led to his death. Exhibit D was subjected to trial within trial after which the learned trial judge held that it was voluntarily made.

On the other hand, the appellant simply denied committing the offence in the course of his evidence before the trial High Court. He narrated that he has a farm land where he planted cassava and yam. He said that a Fulani man came to his farm on 27/2/2009. He further stated that he accosted the Fulani man within the vicinity of his farm and that at about 6pm of the same date, he became aware of the death of the deceased.

In a considered judgment, the trial Court found the appellant guilty and he was sentenced to death. Dissatisfied with the judgment, the Appellant appealed to the Court of Appeal and his appeal was therefor dismissed, hence the appeal to the Supreme Court.