AKAAHS, J.C.A.: (Delivering the Leading Judgment): This is an appeal against the decision of the Benue State High Court sitting at Otukpo presided over by A. O. Onum J. who tried, convicted and sentenced the appellant to death by hanging contrary to Section 221 of the Penal Code in case No. OHC/12c/2003 delivered on 23/7/2004.
Dissatisfied with the said decision, the convict filed his notice of appeal dated 20/8/2004 on 23/8/2004. The notice of appeal contained nine grounds of appeal.
On 20/6/2003, the accused was charged with the offence of culpable homicide punishable with death contrary to section 221 of the Penal Code for killing one Owoicho Aboje by firing a locally made pistol at him on 13/10/2001. The charge reads as follows:
"That you, ODEH OJOBI, on or about the 13th day of October, 2001 at Igbanomaje Otukpo in Otukpo Local Government Area of Benue State of Nigeria within the jurisdiction of this Honourable Court committed culpable homicide punishable with death in that you …