UGOCHUKWU ANTHONY OGAKWU, JCA (Delivering the Leading Judgement): The salient facts of this matter as can be garnered from the cold printed records disclose that the Appellant woke up on a certain morning and discovered that his cow had been stolen. He reported the loss to the community leaders. He thereafter went in search of his stolen cow with his brother who was charged along with him. They found the cow with the deceased, they arrested the deceased and while on their way with the deceased, the deceased attempted to escape and the Appellant threw a stone at the deceased. The stone hit the deceased, he fell down and the Appellant used a rope to tie him up and drag him into the bush where he abandoned him. The Appellant was later arrested and he led the investigation team to the bush where the decomposing body of the deceased was recovered.
The Appellant was later charged with his brother for the offences of conspiracy to commit culpable homicide punishable with death, and culpable …