OGBUAGU JSC (Delivering the Lead Judgment): This is an appeal against the decision of the Court of Appeal, Kaduna Division delivered on 10 December 2003 dismissingthe appeal of the appellant and affirming his conviction and sentence of death by the High Court of Kebbi State in Birnin Kebbi Judicial Division, presided over by Ambursa J on 24 February 2000.
Dissatisfied with the decision, the appellant who was the 4th accused person, has appealed to this court on three (3) grounds of appeal which without their particulars, read as follows: Ground One
“The learned Justices of the Court of Appeal erred in law in confirmingthe conviction and sentence ofthe appellant in spite of the fact that the trial court failed to consider and examine the defences open to the appellant on the record before convicting the appellant as charged. Ground Two
The Court ofAppeal erred in law when in dismissingthe appeal of the appellant, it held that the appellant failed to call evidence in support of the d…