IBRAHIM ABUBAKAR V. THE STATE

HARUNA SIMON TSAMMANI, J.S.C. (DELIVERING THE LEADING JUDGMENT): This appeal is against the judgment of the Court of Appeal, Gombe Division, delivered on the 28th day of July, 2020 in Appeal No. CA/G/264/C/2019 wherein the Appellant’s appeal against his conviction and sentence to death for conspiracy and culpable homicide punishable with death by the Gombe State High Court, was dismissed. 

The Appellant and one Ibrahim Umar were arraigned before the Gombe State High Court of Justice on a two-count charge of conspiracy to commit culpable homicide and culpable homicide punishable with death, which are offences punishable under Sections 97 and 221 of the Penal Code applicable in Gombe State respectively. The brief facts as disclosed by the evidence on record are that, the Appellant, Ibrahim Umar and others at large suspected the deceased, one Mohammadu Usman of bewitching one of their friends. The Appellant and his co-accused persons then conspired to and did kill the deceased by beating …