MARY UKAEGO PETER-ODILI, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal, Abuja Division, Coram: Abubakar Datti Yayaya, Tinuade Akomolafe Wilson and Moore A. A. Adumien JJCA delivered on the 9th day of May, 2013 wherein the conviction and sentence of the respondent by the trial Court were upturned. The appellant being dissatisfied filed this appeal on the 7th day of June, 2013 upon four grounds amended notice of appeal.
FACTS:
The respondent (Defendant at the trial Court) was arraigned before the Kogi State High Court, along with two other persons, on a two-count charge of Conspiracy and Culpable Homicide punishable with death, contrary to Section 97 (1) and 221 (a) of the Penal Code Law of Kogi State. The appellant (Prosecution at the trial Court) called 4 witnesses, while the respondent testified in person and also called two witnesses.
The case of the appellant was that on the 20th of January, 2009, the respondent, along with 5 (fiv…