ABDU ABOKI, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the decision of Idris M. J. Evuli J. of the Niger State High Court of Justice, Kontagora delivered on 26/6/2004. The Appellant and two other accused persons were arraigned before the High Court on a three-count charge of Conspiracy, Robbery and Culpable Homicide.
The Appellant and his other co-accused persons were found guilty, convicted and sentenced to various terms of punishment. The Appellant was sentenced to 5 years imprisonment on the 1st court, 10 years imprisonment on the 2nd count and 15 years on the 3rd count and the sentences were to run concurrently.
It is against this conviction and sentence that the Appellant appealed to this Court.
The Appellant's brief dated 31/1/2006 was filed on 31/1/2006 while the Respondent's brief of argument dated 15/6/2006 was deemed filed on 19/6/2006.
After parties have exchanged their briefs of argument, the Appellant filed reply brief dated 27/6/2006 but filed on…