(iii) that the defendant knew that he is by such act likely to cause death. - Garba V. State (2013) 8 NCC 221. State V. Odomo (2019) 24 WRN 164. Tobi V. State (2019) 14 WRN 149. Ola V. State (2019) 4 WRN 1. Paul V. State (2019) 48 WRN 94. By paragraph 4.3 of their adopted written address, the defence counsel submitted that a careful examination of the totality of the evidence of the prosecution before this court, shows that the prosecution has woefully failed to prove the elements of the offence of Culpable Homicide not punishable with death against the defendant beyond reasonable doubt. The question then is, has the prosecuting counsel led any evidence before this court which tends to prove the elements of the offence of Culpable Homicide not punishable with death? As to the 1st element, both PW1 and PW2 testified to the fact that one Ahmad is dead. With this evidence of Usman Mustapha and Jafar Mustapha who testified as PW1 and PW2 respectively, it is the humble view of this court that evidence has been led before this court by the prosecution establishing the fact that one Ahmad is dead and therefore, the prosecution has proved the 1st element of the offence. As to the 2nd element, PW1 while giving evidence before this court testified as follows:- Page 11 of 34

Select target paragraph3