ISAH UMAR V. THE STATE

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an Appeal challenging the conviction and sentence of the Honourable Justice I. A. Yusuf of the High Court of Justice, Kwara State, Ilorin Judicial Division as contained in the Judgment in Charge No. KWS/24C/2013 delivered on the 15th February, 2016 wherein the Appellant as 1st accused was convicted and sentenced to death for the offences of conspiracy and culpable homicide punishable with death.

The Appellant and the 2nd Accused were arraigned for the offences of Criminal conspiracy and culpable homicide punishable with death under Sections 97 and 221 of the Penal Code. The Appellant and the 2nd Accused pleaded not guilty to the two count charge.

The case for the Respondent was that one Rasheed Wasiu of Oke Agba, Egbe, Kogi State reported at Patigi Divisional Police Headquarters on 29th August, 2012 that one Uche Ogbonna, Ndubisi Ogbuerie who went to the naming Ceremony of the newly born child of their brother, on…