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WALI, J.S.C. (Delivering the Leading Judgment): With the leave granted by the High Court of Justice. Kogi State and under the hand of Umoru Eri, Chief Judge, the following charge was preferred against Musa Yusufu and Idrisu Ahmed:
"That you Musa Yusufu and Idrisu Ahmed on or about the 7th day of December, 1993 at Obehira in Okene Local Government Area within the Kogi State Judicial Division committed culpable homicide punishable with death by causing the death of Anda Ali by doing an act to wit: you shot the said Anda Ali in the neck with a locally made gun with the intention of causing his death and you thereby committed an offence punishable under section 221(a) of the Penal Code read along with section 79 of the same Code."
The two accused persons being referred to as 1st and 2nd accused were arraigned before Umoru Eri, the learned Chief Judge, and each pleaded not guilty to the charge. The trial proceeded with the prosecution calling four witnesses and putting in evidence a numbe…