DAHIRU MUSDAPHER, J.S.C (Delivering the Leading Judgment): The appellant herein, Samaila Umaru was the 3rd accused person in a trial before the High Court of Niger State, in the Kontagora Judicial Division holden at Kontagora in charge NSHC/KG/IC/2002. The accused persons were arraigned before the court on a three count charge of Criminal Conspiracy, Robbery and Culpable Homicide respectively contrary to Sections 97, 298 and 221 of the Penal Code law of Niger State. At the conclusion of the trial, the learned trial judge found the accused persons guilty and sentenced the appellant to various terms of imprisonments.
The appellant felt unhappy with the decision of the trial court and appealed to the Court of Appeal Abuja. On the 9/1/2008, the Court of Appeal allowed the appeal of the appellant but ordered a retrial of the appellant before another judge. The grounds upon which the appeal was allowed can best be understood by reproducing the part of the judgment of Aboki JCA who read the …