ABDULLAHI JCA (Delivering the Lead Judgment): This appeal is against the decision of the High Court of Justice, Kwara State which coram N.A. Folayan (J) delivered on the 14th day of July, 2004. The six appellants stood charged before the court on three counts as follows:-
Criminal conspiracy to commit illegal act, to wit; shooting dead one Raufu Balogun with a locally made gun and injuring Abdulsalam Balogun and Rasheed Salam Balogun which act was done in pursuance of an agreement thereby committing an offence punishable under section 97(1) of the Penal Code. That the above named accused persons are alleged to have caused grievous hurt to one Mukaila Abdulsalam Balogun and Rasheed Salam Balogun by shooting themwith a locally made pistol thereby committed an offence punishable under section 248(1) of the Penal Code and ; Culpable homicide punishable with death by causingthe death of one Raufu Balogun by shooting him with a locally made pistol with intent to cause his death, thereby co…