CLARA BATA OGUNBIYI, JCA (Delivering the Leading Judgment): The accused/appellant Jummai Hassan was charged along with two (2) others namely Michael Akinola and Oluseyi Seriki at the trial High Court No. 9 sitting in Maiduguri Borno State on a three count charge of conspiracy, kidnapping and culpable homicide contrary to S.97(1), S.273 and S.221(b) all of the Penal Code respectively.
The three count charge are as follows:
Count I
"That you Jummai Hassan, female 14 years of age, Michael Akinola Ashade 'M' and Oluseyi Seriki 'M' on or about the 17th day of July, 2001 at Pompanari Housing Estate, Maiduguri, which is within the jurisdiction of this Honourable Court agreed to do illegal act to wit: Kidnap and Kill Ibrahim Chinda 'M' and that the same illegal act was done in pursuance of the agreement and that you thereby committed an offence punishable under S.97(1) of the Penal Code."
Count II
"That you Jummai Hassan 'F' 14 years of age on or about the 17th day of July, 2001 at Pompanari …