JOHN OGBU LINUS EZE V. THE STATE

OBADINA, JCA (Delivering the Lead Judgment): On the 20th day of July, 1987, the appellants were arraigned before the Borno State High Court, sitting in Maiduguri, Borno State, and Presided by Ogunbiyi, J. (as he thenwas), where in the appellants were charged as follows:-

“COUNT. 1:-

That you, John Ogbu and Linus Eze, on or about the 12th

October, 1986, at about 2100 hours at Gomari Ward, Maiduguri, did commit Culpable Homicide punishable with death in that you caused the death of Basil Eziam by doing an act to wit:- Beating, lifting Basil Eziam (deceased) by the legs and hitting his head against the ground with the knowledge that his death would not only be likely but the probable consequence of your act, and you thereby committed an offence punishable under section 221(b) of the Penal Code. COUNT. 2 That you, John Ogbu and Linus Eze, on or about the 12th October, 1986, at about 2100 hours at Gomari Ward,

Maiduguri, had formed a common intention between yourselves to commit culpable Hom…