UGOCHUKWU ANTHONY OGAKWU, JCA (Delivering the Leading Judgement): The Appellant was arraigned before the High Court of Borno State on a two-count charge of kidnapping and culpable homicide in CHARGE NO. BOHC/BU/CR/01/2022: THE STATE v. MANU ALHAJI UMARU. At the end of the trial, the lower court held that the offences charged had been proved beyond reasonable doubt. It convicted the Appellant as charged and sentenced him to death. The Appellant was dissatisfied with the decision of the lower court and he appealed against the same. The original Notice of Appeal which was filed on 19th October 2022 is at pages 50-53 of the Records of Appeal, while the judgment of the lower court is at pages 45-49 of the Records of Appeal. The extant Notice of Appeal on which the appeal was argued is the Amended Notice of Appeal filed on 23rd March 2023, but deemed as properly filed on 5th July 2023.
The Records of Appeal having been compiled and transmitted, briefs of argument were filed and exchanged by…