OKUNOLA, JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Kwara State, holden at Ilorin presided over by Ibiwoye J, which was delivered on 29th November, 1997. The facts of this case, briefly, put were as follows: Through a charge filed with leave of the trial court on 28/11/95 at pages 1-2 of the record, the respondents herein were charged before theHigh Court of Justice Ilorin (hereinafter referred to as the court below) as follows: “That you Adama Saadu and Oba Alao, on or about the 21st day of March, 1993 at Lapongba in the Ilorin Judicial Division jointly caused the death of one Aminu Ajagbe by doing an act, to wit: That you beat Aminu Ajagbe with sticks with the intention of causing previous hurt to the said Aminu Ajagbe and thereby committed an offence punishable under section 225 of the Penal Code.” At the trial, the two accused persons pleaded not guilty to the charge.
Briefly stated, the gist of the prosecution’s case was that …