SIR I. LEWIS, J.S.C. (Delivering the Leading Judgment): In case KWS/7C/1969, in the Ilorin High Court, the two accused were charged in the following terms:-
"That you, Peter Locknan, and Happy Apolo, on or about the 3rd pay of August, 1968 at Okengwen in the Kwara Judicial Division had formed a common intention together and with other persons unknown, to commit an offence, namely using criminal force on one Sule Salami in furtherance of which you did the following criminal act to wit-causing the death of the said Sule Salami by jointly maltreating and beating him with hide canes and inflicting numerous injuries, the cumulative effect of which caused his death, with the knowledge that death would be a probable consequence of your acts and thereby committed the offence of culpable homicide punishable with death under section 221 read with section 79 of the Penal Code and triable by the High Court", and on the 30th August, 1971 Adesiyun, J. found them both guilty accordingly and sentenc…