<p>TABAI, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Jos Division of the Court of Appeal on the 17th of March, 2005 which confirmed the conviction of the appellants by the Benue State High Court. The appellants, GODSPOWER NWANKWOALA (DSP) and Sgt. GIDEON ATIME were charged along with one Cpl. ALPHONSUS EKEYI (since deceased) in a two count charge of culpable homicide by causing the deaths of Echono Itolo and Robert Inalegwu. At the end of their trial by Hwande, J. at the Benue State High Court holden at Makurdi, each was convicted and sentenced to death. This was on the 31/7/2002. </p><p> The three convicts appealed against their conviction. But before the appeal was heard at the Jos Division of the Court of Appeal, the 3rd accused/convict died in prison custody. The appeal in respect of the two appellants was heard and dismissed. The two appellants have now come on appeal to this court. </p><p> The notice of appeal of the 1st appellant dated 14/4/2005 contain…</p>