HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment):
This appeal is against the judgment of the Kaduna State High Court in Charge No KDH/KAD/39C/2011 delivered by Honorable Justice G. I. Kurada on the 28th of May, 2013. The Appellants, along with five other persons, and others at large were arraigned before the lower Court on a five count charge, made up of two counts of conspiracy, one Count of mischief by fire and two Courts of culpable homicide punishable with death, contrary to Sections 97,337 and 221, respectively of the Penal Code Law of Kaduna State 1991.
The Appellants were alleged to have conspired with five other co-accused persons and others at large to cause mischief by fire and to have caused the mischief by fire on the 8th of June, 2011 by setting ablaze the settlement of one Ibrahim Saidu at Ungwan Dutse Village in Igabi Local Government Area of Kaduna State with the intention of causing destruction to the settlement which was ordinarily used as a dwe…