IBRAHIM MOHAMMED MUSA SAULAWA, JSC (Delivering the Leading Judgment): The instant appeal is consequent upon the judgment of the Court of Appeal Makurdi Judicial Division, delivered on May 16, 2018 in appeal NO. CA/MK/192C/2017. By the judgment in question, the Court below dismissed the Appellant's appeal and affirmed the judgment of the trial High Court, thereby convicting and sentencing the Appellant to death for the offence of culpable Homicide punishable with death, contrary to section 222 of the Penal Code, Laws of Benue State, 2004.
BACKGROUND FACTS
The Appellant was arraigned, along with 5 others, before the trial High Court of Benue State holden at Makurdi, upon a three count charge:
CHARGE
1ST HEAD OF CHARGE
That you, Abdulrahaman Dauda, Adamu Sanga, Umar Musa, Emmanuel Otse, Usman Haruna and Adamu Musa; on or about the 13th day of September, 2012 at about 1600 hours at Demekpe Primary School, in Makurdi Local Government Area of Benue State, within the jurisdiction of this Honourab…