MONICA BOLNA'AN DONGBAN-MENSEM, J.C.A. (Delivering the Leading Judgment): This is an appeal challenging the decision of the High Court of Niger State delivered on 10th of December, 2020 Coram Abdullahi Mika'ilu (J). wherein the trial Court found the Accused Person now Appellant guilty and convicted him for the offence of culpable homicide punishable with death contrary to Section 221 (a) of the Penal Code, Cap 94 Laws of Niger State, 1989 read with Section 79 of the Penal Code, 1960.
The brief facts leading up to this appeal as contained in the Appellant's brief are that:
"The Appellant was charged with the offence of culpable homicide punishable with death contrary to Section 221 (a) of the Penal Code Cap 94 Laws of Niger State, 1989 to be read with Section 79 of the Penal Code, 1960. The Appellant was originally charged with a Co-Accused Person who later escaped from the prison during a jail break and was not apprehended up till the time the trial was completed.
The Appellant was origi…