PUNISHMENT FOR THE OFFENCE OF CULPABLE HOMICIDE PUNISHABLE WITH DEATH UNDERTHE NIGERIANPENAL CODE

The end result of every criminal offence is punishment of offender, but judges are given the absolute powers and privilege to exercise their discretion in the process of conviction and sentencing of offenders. The fundamental issue which this paper aims at determining is to critically observed in the light of the provision of the criminal procedure code and the penal code whether it is allow for the judge to exercise his discretionary powers in capital offence like homicide for the purpose of mitigation of the offence. It is a trite law in Nigeria that culpable homicide punishable with death attract death penalty of sentencing either by hanging or by firing of the convict.