UWANI MUSA ABBA AJI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Justice, Kaduna State, holden at Kaduna in Charge No. KDH/KAD/17C/2000, delivered by Justice M.T.M. Aliyu on 27/9/2010, wherein the Appellant was convicted and sentenced to death by hanging under Section 221 of the Penal Code.
The charge against the Appellant pursuant to Sections 97(i), 274 and 221 of the Penal Code contained at page 2 of the records in the Charge Sheet dated 3/3/2000 and filed on 1/3/2007 reads as follows:
COUNT ONE
That you ABDULSALAM IBRAHIM, SUNDAY IKE AND JA'AFARU ISIYAKU on or about the 10th day of October, 1999 at about 1100 hours in Madobi village via Giwa Local Government Area of Kaduna State agreed to be done and indeed caused to be done an illegal act, to wit, behead and or cut off the head of one HADIZA IBAHIM "F" with the aid of a very sharp object, and that you thereby committed an offence punishable pursuant to Section 97(i) of the Pen…