The rationale behind the imposition of this duty upon the prosecution, is derived from the constitutional provision of presumption of innocence in favour of a defendant charged with the allegation of committing a crime by Section 36 (5) of the CFRN 1999 as amended. From the charge with which the defendant was arraigned, the defendant was alleged to have committed the offence of Culpable Homicide not punishable with death punishable under Section 192 (2) of the Sokoto State Penal Code Law, 2019. The Section provides as follows:“192. Culpable Homicide is not punishable with death: (2) Where the offender, in the exercise in good faith of the right of private defence of person or property, exceeds the powers given to him by law and causes the death of the person against whom he is exercising such defence without premeditation and without any intention of doing more harm than is necessary for the purpose of such defence.” From the foregoing provision of Section 192 (2) of the Sokoto State Penal Code Law, 2019, it has become very clear that the subsection (2) of the said Section 192 of the Penal Code Law, only described one of the circumstances under which the offence of Culpable Homicide will not be punishable with death without prescribing the punishment for the offence of Culpable Page 9 of 34