ABUBAKAR MUSA V. THE STATE

HABEEB ADEWALE OLUMUYIWA ABIRU, JSC (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal sitting in the Jos Judicial Division and delivered on the 20th of December, 2019 in Appeal No CA/J/351 C/2018. The Court of Appeal set aside the order of discharge and acquittal entered in favour of the Appellant by the High Court of Bauchi State in respect of two counts of offences, to wit: conspiracy to commit culpable homicide and culpable homicide punishable with death, in a judgment delivered in Case No BA/20/2016 on the 29th of January, 2018, and directed that the Appellant be re-arrested and arraigned before another High Court Judge for a retrial.

The Appellant was arraigned in the High Court of Bauchi State, along six other persons, on a two-count charge of conspiracy to commit culpable homicide and for culpable homicide punishable with death. The Appellant was alleged to have conspired with his six co-accused persons to abduct and kill one Alhaji Be…