<p><strong>MUSDAPHER, JSC (Delivering the Leading Judgment):</strong> In charge No. HCL/6C/2001 before High Court, Kogi State holden at Lokoja, the appellant herein as the second accused with two others were jointly titled on four heads of charge of criminal conspiracy, culpable homicide, armed robbery and mischief by fire contrary to sections 97(1), 221, 336 and 298(c) of the Penal Code Law. The charges read as follows:</p><p> 1st Head of Charge:</p><p> &quot;That you Benjamin Oyakhire, Jimoh Michael and Gershon Soba on or about the 17th day of February, 2001, at Okene within the Kogi State Judicial Division committed culpable homicide punishable with death in that you caused the death of Mamodu Abdullahi Ajawu and the death of Rafiu John, John Ogara, Thomas Ona and Alfa by doing an act to wit: You shot Mamodu Abdullahi Ajawu with a rifle and set Rafiu, John Ogara Thomas Ona and Alfa ablaze with the intention of causing their death and you thereby committed an offence punishable under section 221 read along with section 7…</p>