The facts of the case are briefly that on the 14th day of February, 1985 at Kumo in Bauchi State, the appellant then walking on a road in company of other Fulanis, at about 10.30 p.m. had an alteration with the deceased, police constable Sabaru Garba, then in company of one Aishatu Alhassan. That the appellant stabbed him (the deceased) after both men engaged in a struggle and in the ensuing fight with a Knife to his stomach, knowing that death would be the probable consequence of his act. The prosecution called seven witnesses in all while the appellant testified and called one witness for the defence. The trial court, in a well considered judgment, convicted and sentenced the appellant to death.

Being dissatisfied with decision, the appellant appealed to the Court of Appeal, Jos Judicial Division, (hereinafter referred to as the court below) which, in a reserved judgment, dismissed the appeal on 15th May, 1991. It is against the said judgment that the appellant has now appealed to this court after seeking and obtaining the leave of court for an extension of time to do so on 8th May, 1992.