MARY UKAEGO PETER-ODILI, J.C.A. (Delivering the Leading Judgment): This is an appeal from the decision of the High Court of Justice Kontagora contained in the judgment of Hon. Justice Idris M. J. Evuti delivered on the 29th day of June, 2004. The appellant was on 26th March 2002 arraigned along with Hussaini Samaila and Samaila Umaru on a three count charge of criminal conspiracy, robbery and culpable homicide punishable under Sections 97, 298 and 221 of the Penal Code.
FACTS:
The Appellant was said to have along with Hussaini Samaila and Samaila Umaru on or about 28th day of July 2001, at Kontagora town conspired, and robbed one Saminu Sale of his motorcycle Suzuki F. R. 50 Chassis No. FR 50 - 6300236 and in the course of execution of their action caused the death of Saminu Sale. The Appellant was convicted and sentenced to 5 years imprisonment with hard labour on conspiracy charge. On the 2nd count of robbery the Appellant was convicted and sentenced to ten years imprisonment while …