ONNOGHEN JSC (Delivering the Lead Judgment): This is an appeal against the decision of the Court ofAppeal holden at Jos in appeal No. CA/ J/185C/91 delivered on the 9th day of December, 2002 affirming the conviction and sentence of the appellants by the Borno State High Court holden at Maiduguri in charge No. M/4C/97 presided by Ogunbiyi J, (as she then was).
The appellants were charged with the following offence: “ Count 1
That you, John Ogbu and Linus Eze, on or about the 12th October, 1986,at about 2100 hours at Gomari ward, Maiduguri, did commit culpable homicide punishable with death in that you caused the death of Basil Eziam by doingan act to wit:- beating, lifting Basil Eziam (deceased) by the legs and hitting his head against the ground with the knowledge that his death would not only be likely but the probable consequence of your act, and you thereby committed an offence punishable under A section 221(b) of the Penal Code.
Count 2 That you, John Ogbu and Linus Eze, on or …