CHUKWUMA-ENEH, JSC (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal Kaduna Division, that is to say the Court below, delivered on 10/12/2003 which while dismissing the appellant's (Usman Kaza) appeal affirmed his conviction and sentence by hanging passed on him (the appellant) by the trial court (Kebbi State High Court of Justice). In the trial court the appellant as the 2nd accused was jointly arraigned with 5 others for criminal conspiracy, abetment and culpable homicide punishable with death under Sections 97, 85 and 221(a) of the Penal Code respectively.
Being aggrieved by the decision of the court below the appellant finally has appealed to this court by a Notice of Appeal filed on 27/12/2007 wherein he has raised four grounds of appeal. In the result the parties have filed and exchanged their briefs of argument in this matter. In the appellant's brief of argument, three issues for determination have been distilled as follows:
"(1) Wh…