PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment): The Appellant and one other person namely; IBRAHIM FAARI SHAFIU were arraigned before the High Court of Justice KOGI STATE holden at OKENE (Coram: HON. JUSTICE S. O. OTU) on the 8th day of March, 2011 on two Court Charge as follows:-
"FIRST HEAD OF CHARGE
That you, Ibrahim Faari Shafiu, Aminu Dio (a.k.a) Ojukwu and others at large sometimes in 2008 at Enyinare Okene in Okene Local Government Area within the Kogi State Judicial Division agreed to do all illegal act wit: to commit culpable homicide on one Otandi of Okene, and that the same act was done in pursuance of the agreement and that you thereby committed an offence punishable under Section 97 (1) of the Penal Code.
SECOND HEAD CHARGE
That you, Ibrahim Faari Shafiu, Aminu Dio (a. k. a) Ojukwu and others at large sometimes in 2008 at Enyinare Okene in Okene Local Government Area within the Kogi State Judicial Division committed culpable homicide punishable with death in that…