E. O. OGWUEGBU, J.S.C. (Delivering the Leading Judgment): The appellant and five others were charged before the High Court of Borno State in the Potiskum Judicial Division with the offence of culpable homicide punishable under Section 221(b) of the Penal Code Cap.89. Laws of Northern Nigeria, 1963.
The appellant was the third accused in the court of trial. He and the 1st accused Inusa Na Yalwa were convicted of the offence and sentenced to death by hanging.
Both of them appealed against their conviction and sentence. The Court of Appeal (Jos Division) dismissed their appeals and confirmed the decision of Kuyatsemi, J.
Dissatisfied with the decision of the Court of Appeal, the appellant, - Yawale Sharfal appealed to this court. No notice of appeal was filed on behalf of Inusa Na Yalwa but at page one line 50 of the appellant's brief it is recorded that the 1st accused - Inusa Na Yalwa had since died in prison.
The notice of appeal dated 22nd July, 1991, was filed on 23rd July, 1991 wi…