YUSUF MUKARFI V. THE STATE

EMMANUEL AKOMAYE AGIM, J.S.C. (Delivering the Lead Judgment): This Appeal No. SC/CR/1166/2022 is against the judgment of the Court of Appeal delivered on 15-7-2022 in Appeal No. CA/ABJ/CR/1053/2021 dismissing the said appeal against the judgment of the High Court of Niger State delivered on 20-10-2021 in Charge No. NSHC/MN/2C/2020 convicting the appellant with others for culpable homicide punishable with death, sentencing each of them to death by hanging and also convicting them for theft, sentencing each of them to five years imprisonment. 

Both sides have filed, exchanged and adopted their respective briefs as follows- appellant’s brief and respondent’s brief. 

The appellant’s brief raised one issue for determination as follows: 

“Whether the Court of Appeal was right in their decision that the respondent proved beyond reasonable doubt the case against the appellant as required by law to warrant the conviction and sentence passed on the appellant.” 

The respondent’s brief also raised on…