MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C. (Delivering the Leading Judgment):
This is an appeal against the judgment of the Court of Appeal, Makurdi division, delivered on 2nd May, 32014, affirming the judgment of the High Court of Benue State, holding at Makurdi delivered on 6/12/2006, which convicted the appellant of the offence of culpable homicide and sentenced him to death.
On 17/5/2006, the appellant was arraigned before the trial court on a two-count charge of criminal conspiracy and culpable homicide punishable with death contrary to sections 96 and 221 of the Penal Code. He pleaded not guilty to both counts.
The prosecution's case was that on 28/7/2004, Asase Village, North Bank, Makurdi, one Abu (still at large) lured the deceased, Msughter Iortyom, 3 years old, from his parent's house, where he was playing with other children into an uncompleted building where the appellant was waiting with a knife. It was further alleged that the said Abu held the deceased down while the appe…