YAHAYA V. STATE

IBRAHIM SHATA BDLIYA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Gombe State High Court of Justice (hereinafter refers to as the lower Court) in Charge No: GM/32c/2017, delivered on the 10th day of February, 2019 by J. A. AWAK, J, ( as he then was) wherein, the appellant Auwal Yahaya and 3 others, were arraigned on a 2 Counts Charge, tried, convicted and sentenced accordingly for committing the offences of Criminal Conspiracy and Culpable Homicide, Punishable under Sections 97 and 221 of the Penal Code, Gombe State. Aggrieved by the conviction and sentence, the appellant filed a notice of appeal on the 1st of November, 2021. 

The 2 grounds of appeal are thus: 

GROUND ONE 

The learned trial judge erred in law and on the facts and (sic) occasioned a miscarriage of justice by convicting and sentencing to death the Appellant who was not proved to have done anything material in furtherance of the actions that led to the death of the deceased. 

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