UZO NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): The three Appellants were charged with one Mohammed Tukur now deceased and others at large with a two count charge of conspiracy under Section 97 and Culpable Homicide under Section 221 of the Penal Code.
The brief facts of the case are as follows:
On 19th May, 2003, the 1st Appellant Audu Mala Yerima returned to his home and discovered that his electronic gadgets were missing. He went to the house of the 3rd Appellant Sheriff Ismail where he met the 2nd Appellant Mohammed Ngabura. He then told them that his electronics have been stolen. He also contacted the deceased. All of them went back to his house. The 2nd Appellant then advised that the 1st Appellant should go and report to the Police.
On the way to the police Station he met the 4th accused person now deceased who advised him on the contrary. They then decided to seek the assistance of two air force men on guard. The two air force men then accompanied the 1st Appella…