NNAEMEKA-AGU, J.S.C. (Delivering the Leading Judgment): This is a further appeal by the accused person, Michael Okaroh, from the judgment of the Court of Appeal, Jos Division, coram: Maidama, Jacks and Mukhtar, JJ.C.A. That court had dismissed his appeal against the judgment of Soluade, J., convicting the appellant of culpable homicide punishable with death contrary to section 85 read together with section 221 of the Penal Code. The charge before the court of trial was as follows:
"THAT YOU MICHAEL OKAROH, on or about the 15th day of February, 1983 in Jos and within the jurisdiction of this court, carried one Christopher Okaroh (deceased) on your motorcycle to a stop on the Miange Road in Jos where you had arranged with one Tanko Ayankar Ayiku (now at large) to kill the said Christopher Okaroh and in pursuance of the conspiracy the said Tanko Ayankar Ayiku did kill the said Christopher Okaroh and you thereby committed an offence punishable under section 85 read together with section 2…