YAKUBU SALE V. THE STATE

ADZIRA GANA MSHELIA, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of the High Court of Bauchi State presided over by Hon. Justice M.A. Sambo delivered on the 17th day of February, 2020 wherein the Appellant and his co-accused no case submission was overruled.

The Appellant (Yakubu Sale) the 2nd accused, was charged with and arraigned before the trial Court together with his co-accused on two count charges of conspiracy and causing the death of one Hashimu Shuaibu by engaging him in fight and injuring him on his head with cutlass and stick thereby committing an offence punishable under Sections 97 and 221 of the Penal Code Law.

For ease of reference and emphasis the two count charges read thus

COUNT ONE

“That you Yakubu Sale Alhassan ‘M’, Habibu Sale ‘M’, Yakubu Sale ‘M’, all of Gada village, Gumau, Toro Local Government Area of Bauchi State, on 16th day of May, 2017 at about 0900hrs at Gada Village via Zalau, Toro Local Government Area within the jurisdictio…