I. F. OGBUAGU, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Abuja Division (hereinafter called "the court below") delivered on 4th April, 2007, affirming the conviction and sentence to death of the Appellant, by Musa, J. of the High Court of Kogi State for culpable homicide under Sections 97(1) and 221 of the Penal Code in his Judgment delivered on 5th May, 2003.
Dissatisfied with the said decision, the Appellant has appealed to this Court on ten (10) grounds of appeal as contained in his Amended Notice of Appeal filed on 12th September, 2008. The facts briefly stated, are that the Appellant and five others, were charged and arraigned before the trial court, sitting at Ankpa on two counts of conspiracy to murder and the murder of the deceased, one Jubrin Umoru Okpanachi. At the trial, five witnesses were called by the prosecution while each of the accused persons, testified in his defence. Thereafter, learned counsel for the …