BA'ABA, JCA (Delivering the Lead Judgment): The appellant, Chukwuemeka Maeze (Alias Emeka Agburu) was charged before the Katsina State High Court, along with two other persons, Frank and Azubuike Onoro, both at large with Culpable Homicide punishable with death contrary to section 221 of the Penal Code. The facts leading to the prosecution of the appellant as gathered from the record are that the first accused person now the appellant, together with two other persons now at large conspired together and took the deceased Abu Sani to a bush along Faru Village in Jibia Local Government, Katsina State where they killed him by tying a rope around his neck. After killing him they removed his genital organs, tongue and eyes. On 12/10/92 while one Abdullahi Lawal who testified as PW2 was at his farm, he perceived a smell which led him to a man’s deadbody.
He informed one Kabiru Dankakalu who also saw the corpse. Both of them later reported the matter to the village Head who testified as PW3.
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