IREGU EJIMA HASSAN V. THE STATE

OLABODE RHODES-VIVOUR, J.S.C. (Delivering the Leading Judgment): The appellant, Iregu Ejima Hassan and two others, namely: Ajoze Iregu and Okareyi Jimoh were on 15 November, 2007 arraigned before the High Court of Kogi State, holden at Okene, charged with criminal conspiracy and culpable homicide contrary to Sections 97(1) and 221 (a) of the Penal Code. The particulars of the offence charged are as follows:

"Ajoze Iregu, Iregu Ejima Hassan and Okaraji Jimoh on or about 25th February, 2006 at Idamha Quarters Ogaminana village in Kogi State Judicial Division agreed to do an illegal act to wit: to commit culpable homicide on Madam Oziohu Iregu."

"Ajoze Iregu, Iregu Ejima Hassan and Okaraji Jimoh on or about 25th February, 2006 at Idamha quarters Ogaminana village in Kogi State Judicial Division did commit culpable homicide on Madam Oziohu Iregu."

The appellant pleaded not guilty to both counts and the trial proceeded. The prosecution called four witnesses at the trial. The appellant gave ev…