TAJUDEEN ILIYASU V. THE STATE

CHIMA CENTUS NWEZE, JSC (Delivering the Leading Judgment): At the High Court of Kaduna State, the appellant in this appeal (as second accused person) and one Kabiru Muhammad (as first accused person) were charged with the offences of conspiracy under section 97 and Culpable Homicide punishable with death under 221 of the Penal Code. At the said High Court (hereinafter referred to as the "trial court"), they pleaded not guilty to the two counts.

In proof of its case, the Prosecution called eleven witnesses and tendered nine exhibits. On his part, the appellant (as second accused person) testified in his defence. He did not call any other witness. At the conclusion of the trial, the trial court (Coram Othman J), in its judgement of July 18, 2011, first, discharged and acquitted both accused persons on the count of conspiracy; it, equally, discharged and acquitted the first accused person (Kabiru Mohammad) on the second count of Culpable Homicide punishable with death. The appellant was …