This is an appeal against the decision of the court of Appeal, Abuja dated 22nd January, 2010 affirming the decision dated 6th October, 2008 of the High Court of Abuja FCT, wherein the Appellant was convicted and sentenced to death for the offence of culpable homicide contrary to section 221 of the penal code. The background facts of this case have a remarkably very sad antecedent. The Appellant as has been stated was charged for the offence of culpable homicide contrary to section 221 of the Penal Code and punishable with death. The case against the Appellant was that on or about 31st of December, 2003, he caused the death of one Miss E. N. Igwe.

The appellant was a security guard working with POWER HOLDING COMPANY OF NIGERIA PLC (PHCN) and was attached to the deceased who was at the material time Assistant General Manager, Legal. On the date the body of the deceased was found on the floor of her house, the appellant was the only person who was in the compound with her. The Appellant made 3 different statements. In two of the statements, especially, the 3rd statement, the Appellant clearly, directly and unequivocally confessed to the killing of the deceased.

On 20th day of April, 2005, the prosecution counsel opened his case and called 6 witnesses. PW1 testified that a case of culpable homicide was referred from Garki Police Division, involving the appellant. PW1 testified that on getting to the scene of crime he recovered a number of Exhibits which incriminated the appellant. PW1 took Exhibits 'M1 - M3", all statements of the accused, under word of caution and Exhibit "N", statement of the Appellant's girlfriend (one Mary Jimoh) where he kept the money. The appellant testified before the trial court. After the prosecution and defence closed their case the trial court on 6th October, 2008 delivered its judgment wherein it convicted the appellant of the offence of culpable homicide punishable with death.

Being dissatisfied with the decision of the court below, the appellant herein further appealed to this Court