ABUBAKAR DAN SHALLA V. STATE

G. A. OGUNTADE, JSC (Delivering the Leading Judgment): The appellant, Abubakar Dan Shalla, was the fifth of six accused persons who were brought before the High Court of Kebbi State, Birnin Kebbi on a three-count charge of criminal conspiracy, abatement and culpable homicide contrary to sections 97, 85 and 221 (a) of the Penal Code respectively. On 18/1/2000, each of the appellant and the five other accused persons charged with him pleaded not guilty to each of the three counts. Hearing of the case opened on 19/1/2000. The prosecution called eight witnesses. The appellant elected not to testify or call a witness.

The trial Judge, Ambursa, J. on 24-02-2000, in his judgment found the appellant and the five other accused persons charged with him guilty of the offence of culpable homicide and each was sentenced to death under section 221 (a) of the Penal Code. The appellant brought an appeal against the judgment of the trial court before the Court of Appeal Kaduna (hereinafter referred to…