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"That you Mbanengen Shade, on or about the 9th day of May 1997, at Achia Village, Kwande Local Government Area within the Benue State Judicial Division did commit culpable homicide punishable with death in that you caused the death of MRUMUN DERA by pouring kerosene on her body while she was asleep and setting her ablaze with the knowledge that her death would be the probable consequence of your act and thereby committed an offence punishable under Section 221 of the Penal Code."
At the trial of the Appellant, four witnesses gave evidence for the State and only the Appellant gave evidence in defence of the charge. The evidence led by the Respondent may be summarized briefly as follows; PW1, whose names are Benjamin Iorumun Shande is a civil servant and the husband of the Appellant. They apparently live together at Achia, where they have their matrimonial home. The witness said that on account of his work, he stays more regularly at Adagi but he does go home regularly. On the 8th May, 1997 while at Adikpo, he learnt that Mrumum Dera the deceased, has enquired after him. He therefore went over to see her at Jato-Aka where she lived. The next day which was the 9th of May, he agreed with the deceased that she should come to his home at Achia. There, according to the witness she would join his own wife, the Appellant to plant groundnuts. PW1 said that he arrived at Achia on that day before the deceased. He also did not meet his wife who had gone to the school where she was a teacher. He then went to the farm. By the time he came back, the Appellant had returned home and prepared dinner for the family. It was soon after that the deceased arrived. When she arrived, she joined the witness where he was sitting with his father and junior brother. Though she was offered food, the deceased declined the offer as she had also brought some food along with her and which she served to the people she met at the table under the 'Ate'. The Appellant also joined them there, as she was invited so to do by PW1. Some two hours after they had eaten, PW1 stated that as the deceased told him that she was feeling cold and would like to sleep, he instructed the Appellant to prepare the room for her. The room, a thatched round hut, belonged to the witness within the compound of PW1's father. And it is the room according to the witness, where the deceased and the Appellant slept when the deceased visits them.
He claimed that sometime after the Appellant had gone into the room, he heard a cry from the room. He and his brother then ran to the room/hut. As they could not easily gain entrance into the room, his brother, PW2 had to kick the door open. Inside it they found the deceased with fire on her body. She was then quickly rushed out of the room to a clinic. In the room, the two children of PW1 were found sleeping. The Appellant was also in the room when they entered. The deceased was later rushed to the hospital where she died. PW1 admitted that the deceased had been his friend between 1995 - 1997, and that the deceased and the Appellant had been friends and did exchange visits in the period. He was not aware of any trouble between them.
The extra-judicial statement made by the Appellant was rendered and admitted as Exhibit 5 by the prosecution among other exhibits. The Appellant in her oral evidence admitted that she made Exhibit 3. But she went on to give oral evidence of what happened in the room before and after the fire incident that led to the death of the deceased. She also gave evidence about the relationship between PW1 and the deceased.
The trial Court rejected the Appellant's oral testimony with regard to how the deceased met her death. The Court found the Appellant guilty of the offence of culpable homicide punishable with death contrary to Section 221 of the Penal Code.
Dissatisfied, the Appellant appealed to the Court of Appeal which dismissed the appeal and affirmed the Appellant's conviction.
Appellant appealed to the Supreme Court.
