RUQAYAT OREMEI AYOOLA, J.C.A. (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Gombe State in Charge No GM/18C/2018 delivered on the 16th day of March 2020. The trial Court found the Appellant guilty on a two-count charge of Criminal Conspiracy and Culpable Homicide, punishable with death, and contrary to Sections 97 and 221 of the Penal Code. The Charge reads as follows:
COUNT ONE
“That you, Babangida Babawuro and Adamu Musa on or about the 4th September 2017 at Badawere village via Tumu, Akko Local Government Area of Gombe State within the jurisdiction of this Honourable Court did conspire and agreed with one another to do an illegal act to wit: Culpable Homicide and pursuant to the said agreement you mercilessly beat one Bello Module with hoes on his neck and head as a result of which he sustained injury and died instantly, and you thereby committed the offence of Criminal Conspiracy punishable under Section 97 of the Penal Code triable by …