<p><strong> ABIRIYI JCA (Delivering the Lead Judgment): </strong> The appellant and one Abubakar Adamu were arraigned before the High Court of Justice, Sokoto, on a two-count charge of forming a common intention between themselves to commit an offence and culpable homicide punishable under sections 74 and 221(b) of the Penal Code. The charge as amended by the learned trial judge under section 208 of the Criminal Procedure reads as follows: “That you Isah Bello and Abubakar Adamu on 30 December A 2008 at about 2100 hrs at Kofa Kware area, Sokoto within the Sokoto judicial division had formed a common intention between yourselves to commit an offence to wit engage one Bashiru Lawali in a fight and in the process and in furtherance of which Isah Bello stabbed Mohammed (deceased) with a knife on his ribs which caused his death and is an offence punishable under section 221(b) of the Penal Code Law and read together with section 79 of the Penal Code.” The facts of the case as can be assembled from the evidenc…</p>