This is an appeal against the judgment of the Court of Appeal, Jos Division delivered on 6th July, 2006 in which the Appellant's appeal against his conviction and sentence to death by hanging by the trial High Court of Justice of Borno State holden at Maiduguri on 24th February, 1994 was affirmed.

At the trial Court, the Appellant was arraigned for the offence of culpable homicide punishable with death contrary to Section 221(b) of the Penal Code. The charge reads as follows:-

"That you Gambo Musa on or about 25th of July, 1988 at Gwange II primary school in Gwange ward in Maiduguri Metropolitan Area did commit culpable homicide punishable with death in that you caused the death of Umaru Alhaji Idrisa by doing an act to wit: you brought out a knife and stabbed Umaru Idrisa on the chest when you know or had reason to know that death was the probable and not only likely consequence of your act and thereby committed an offence punishable under Section 221(b) of the Code."

As manifest on page 1 of the transcript record of appeal, the charge was read out to the Appellant on 7th March, 1990. He pleaded not guilty to the charge before Ogunbiyi, J. (as she then was).Thereafter, the prosecution called five witnesses and tendered four exhibits to buttress their case. The Appellant testified in a bid to extricate himself. In the reserved judgment handed out by the learned trial Judge on 24th February, 1994, the Appellant was found guilty as charged. He was consequently convicted and sentenced to death by hanging as dictated by law.

The Appellant felt unhappy with the stance of the learned trial Judge. He appealed to the Court of Appeal (the Court below) for short. Thereat, the appeal was carefully considered and in the judgment delivered on 6th July, 2006, the appeal was found to be devoid of merit. The Court below dismissed the appeal of the Appellant and affirmed his conviction and sentence to death by hanging as pronounced by the trial Court.

The Appellant, being aggrieved by the decision of the Court below has, ex debito justitiae, appealed to this Court.