RAZAQ OLANREWAJU V. THE STATE

IBRAHIM MOHAMMED MUSA SAULAWA, J.S.C. (Delivering the Leading Judgment): The present appeal is against the judgment of the Court of Appeal, Abuja Judicial Division, delivered on March 28, 2011 in appeal No. CA/A/246c/2008. By the judgment in-question, the Court below coram Amiru Sanusi, JCA (as he then was), A.D. Yahaya and M.A.A. Adumein, JJCA affirmed the judgment of the trial High Court of Kogi State (in charge No. HCL/18c/2002), whereby the Appellant was convicted of conspiracy, culpable homicide and armed robbery and sentenced to 10 years imprisonment, life imprisonment and death by hanging, respectively. 

BACKGROUND FACTS 

On November 5, 2002, the Appellant and four other co-accused persons were arraigned before the trial Court upon the charge of criminal conspiracy, culpable homicide punishable with death and armed robbery punishable under Sections 97,221 (b) and 298 (c) of the Penal Code, respectively. The arraignment for trial of the Appellant was pursuant to the leave granted…