JIMI OLUKAYODE BADA, J.C.A (Delivering the Leading Judgment): This is an appeal against the Judgment of the High Court of Justice, Egbe, Kogi State in Charge No. HCL/18C/2002 - The State v. Sgt. Monday Yakubu and 4 Others delivered on the 11th day of May 2005.
The Appellant and 4 Others were charged for the offences of:-
(i) Criminal conspiracy, contrary to Section 93.
(ii) Culpable homicide, punishable with death contrary to Section 221 (a); and
(iii) Armed robbery contrary to Section 298(b) all of the Penal Code.
At the trial, the Prosecution called a total of 9 witnesses and tendered 29 exhibits.
The Appellant who was the 1st Accused at the lower Court challenged the voluntariness of the additional statement that he made to the Police. A trial within trial was ordered by the learned trial Judge. Two witnesses gave evidence for the Prosecution while the Appellant gave evidence at the trial within trial. In a considered Ruling, the learned trial Judge admitted the statements.