ABUBAKAR DATTI YAHAYA, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court Kogi, holden at Ajaokuta, delivered on the 20th of December, 2011, in which the appellant was convicted for the offence of culpable homicide punishable with death, and sentenced to death by hanging.
The case of the prosecution is that on the 20th day of January 2009, the appellant together with other persons, drove to Achagana Junction at Adogo Village in a Golf Car belonging to the 1st accused person and upon disembarking, began to fire away their guns indiscriminately. The deceased Jimoh Adabara, was hit by a bullet and he died on the spot. The appellant and the other persons on discovering this, ran away.
For his part, the appellant said that he was the driver of the 1st accused person and when they were driving to work, they ran into a group of unruly people extorting money from passersby. They went and reported this to the chief of the village and the police at…