HOLY BONIFACE V. THE STATE

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This appeal is against judgment delivered on 11th June, 2018 in the High Court of Adamawa State holden at Yola.

The Appellant and four others were tried on a five count charge of conspiracy, culpable homicide punishable with death, inciting disturbance, mischief by killing or maiming animals and causing disappearance of evidence contrary to Sections 96 (1) (a), 79 and 221 (b), 144 (1), 167 and 79 of the Penal Code, Laws of Adamawa State 1997. The Appellant and the four others were convicted on counts 1, 2, 4 and 5 but discharged on count 3 as the offence of inciting disturbance contrary to Section 114 (1) of the Penal Code was not proved beyond reasonable doubt. Briefly stated, the case of the Respondent is as follows:

According to the PW 3 who is said to be an eye witness, on 18th January, 2017 he went out to rear their cows with Sale, Ori and Adamu. They got to a River where they wanted to give water to their cows. There w…