JOSEPH OLUBUNMI KAYODE OYEWOLE, JCA (Delivering the Leading Judgment): This is in respect of an appeal against the judgment of the High Court of Niger State, Bida Judicial Division delivered on the 25th May, 2022, by SALISU A. MAJIDADI, J wherein the Appellant was found guilty of the offence of culpable homicide punishable with death and was accordingly convicted and sentenced.
The Appellant was arraigned with a co-accused on two counts comprising of one count of conspiracy and the other count for the substantive offence of culpable homicide punishable with death. At trial the prosecution called five witnesses and tendered exhibits comprising extra judicial statements of the two accused persons and the photographs of the mutilated body of the deceased. While the two extra judicial statements were admitted without objection the photograph was rejected and was so marked. At the end of prosecution’s case the co-accused made a successful no case submission and was consequently discharged …