MICHAEL ANKPEGHER V. THE STATE

JOHN INYANG OKORO, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, sitting at Makurdi delivered on 9th July, 2013 wherein the Court below affirmed the conviction and sentence of the Appellant for the offence of conspiracy to cause death and culpable homicide punishable with death contrary to Section 97 and Section 221 of the Penal Code respectively.

The Appellant who was the first accused at the trial Court, being dissatisfied with the decision of the Court of Appeal has further appealed to this Court vide Notice of Appeal dated 2nd August 2013 and filed on 5th August 2013. The said Notice of Appeal contains five (5) grounds of Appeal. A brief facts giving birth to this appeal may be stated as follows:

The Appellant was charged together with one Moavega Igba who was the 2nd accused at the High Court of Justice, Markurdi, Benue State on a two count Charge of conspiracy to cause death and culpable homicide punishable with death cont…