MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the conviction of the Appellant for the offence of culpable homicide punishable with death by the High Court of justice, Kwara State presided over by Honourable Justice R.O. Elelu - Haleeb. The trial court found the Appellant GUILTY and sentenced him to death by hanging on 27/2/2006.
The Appellant and three other Accused persons were arraigned before the trial court on a two count charge for the offence of Culpable Homicide punishable with death contrary to section 241 of the Penal Code and causing disappearance of evidence, an offence contrary to section 167 of the Penal Code.
In the course of the trial before the lower court, two of the accused persons namely, Sebastian Tule and Joseph Sebastian died while the Appellant and one James Yaji (alias Apolo) survived the trial.
To prove the offence against the Appellants, the prosecution called a total number of six (6) witnesses and tendered eight (…