A. I. IGUH, J.S.C. (Delivering the Leading Judgment): The appellants were on the 4th day of October, 1989, arraigned before the High Court of Justice, Kano State, holden at Kano charged with the offence of culpable homicide punishable with death contrary to section 221 of the Penal Code.
The particulars of the offence charged, as amended, read as follows:
"That you Dominic Princent and Michael Udoh on or about the 1st day of Januar,1989 at Tsamiya brigade quarters in Kano Municipal Local Government Area within the Kano Judicial Division had formed a common intention to commit culpable homicide punishable with death in furtherance of which you caused the death of one Joseph Egbe by doing an illegal act, to wit; hitting him with iron rod, water pipe, axe and knife on the back of his head, face and other parts of the body with the knowledge that death will be the probable consequence of your act and you thereby committed an offence punishable under section 221(b) read with section 79 of…