F.F. TABAI, J.S.C. (Delivering the Leading Judgment): The appellant Okolo Ochemaje, was tried at the Idah High Court for the offences of criminal conspiracy, culpable homicide punishable with death, hurt without provocation and mischief contrary to sections 97, 221, 246 and 307 of the Penal Code Laws Cap 89 Laws of Northern Nigeria as applicable in Kogi State. At the end of the trial court's judgment on 19/12/2002.
Not satisfied, the appellant went on appeal to the Court of Appeal. By its judgment on the 8/12/2005 the appeal was dismissed for lack of merit. The conviction and sentence of the trial court were affirmed.
Still not satisfied the Appellant has come on further appeal to this Court. Briefs have been filed and exchanged. The Appellant's Brief was prepared by Mrs. Dorothy Ufot She also prepared the appellant's reply brief. The respondent's Brief was prepared by Joe A. Abrahams, Attorney- General Kogi State.
From the grounds of appeal filed each of the parties formulated three …