SGT MONDAY YAKUBU V. THE STATE

KEKERE-EKUN JSC (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal,Abuja Division, delivered on 14 April 2011, affirming the conviction and sentence of the appellant by the High Court of Kogi State sitting at Egbe delivered on 11 May 2005. The appellant along with four others were arraigned before the High Court of Kogi State, sitting at Egbe, on three counts of criminal conspiracy, culpable homicide and armed robbery punishable under section 97(1), 221(a) and 298(b) of the Penal Code. The appellant was the 1st accused at the trial court.All the accused persons pleaded not guilty to each of the three counts. The prosecution called 9 witnesses and tendered 29 exhibits, while the accused persons declined to testify on their behalf or call any witnesses.

The brief facts of the case are that, on or about 6 May 2001 at Egbe in Yagba West Local Government Area of Kogi State, around 12.45 a.m., the appellant drove a TATA green army truck with Reg. …