PETER-ODILI JCA (Delivering the Lead Judgment): This is an appeal against the final decision of the High Court of the Federal Capital Territory holden at Wuse convicting and sentencing the appellants to death for culpable homicide punishable with death under section 221 of the Penal Code. The court was presided over by Justice U. M.
Kusherki. The whole trial lasted between 19th April, 1990 to 12th November, 1992. The appellants being dissatisfied with the whole trial and the procedure adopted during the trial within trial by the learned trial Judge in admitting the extra-judicial statements to the police have appealed to the Court of Appeal.
Facts stated briefly
Appellants who were arraigned on a one court charge of culpable homicide punishable with death under section 221 of the Penal Code, pleaded not guilty to the charge. The prosecution called six witnesses and also tendered about 17 exhibits including exhibitsand E, the extra-judicial statements of the appellants. The defence ha…