M. B DONGBAN-MENSEM, J.C.A. (Delivering the Leading Judgment); The Appellant was charged with 3 others for the offence of criminal conspiracy contrary to Section 96 of the Penal Code Law and Punishable under Section 97(1) of the same law, and he was charged alone for the offence of culpable homicide punishable with death under Section 221(b) of the Penal Code Law.
Pleas of the accused persons were taken and upon a no case submission made for 2nd, 3rd and 4th persons, the trial Court discharged them. The Appellant was left to stand trial for the charge of culpable homicide of one Dahi Doma. The Appellant is alleged to have shot the late Dahi Doma with a poisonous bow and arrow with the knowledge that death will be the probable consequences of such an act. The offence is contrary to Section 221 of the Penal Code.
At the end of the trial before the Adamawa State High Court sitting in Yola, (herein refer as the trial Court), the Appellant was on 26th June, 2008 convicted of the offence o…