AMAIZU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Olagunju J. (as he then was), of the Kwara State High Court sitting at Ilorin Judicial Division.
The judgment was delivered on the 30th of October, 1998.
The appellants, seven of them in number, stood trial for the offence of culpable homicide punishable with death, contrary to Section 221 of the Penal Code. At the trial, the prosecution called eleven witnesses and tendered some Exhibits. The appellants gave evidence and called altogether twelve witnesses. At the close of the defence, and after the learned counsel had submitted their written addresses, the learned trial Judge in a reserved judgment found the charge proved. The eleven appellants were accordingly sentenced to death by hanging. The appellants were dissatisfied with the judgment and, each filed a notice and ground of appeal against judgment.
The facts as found by the learned trial Judge may be summarized as follows:
There was a d…