HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A: (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Kaduna State in Suit No KDH/KAD/1C/2004 delivered by Honorable Justice A. A. Othman on the 18th of July, 2011. The Appellant, along with one Kabiru Muhammad, were charged with two counts of having an agreement to commit an illegal act contrary to the provisions of section 97 of the Penal Code and for culpable homicide punishable with death contrary to the provisions of section 221 of the Penal Code. They were alleged to have conspired to kill and to have caused the death of one Abdullahi Bala Getso on or about the 30th of September, 2003 at Rigasa in Kaduna State by hitting him with an iron rod on his head and stomach with the intention of causing his death. The Appellant and the said Kabiru Muhammad pleaded "Not Guilty" and the matter went to trial.
The prosecution called eleven witnesses and tendered nine exhibits in proof of its case while the Appell…