BOLOUKUROMO MOSES UGO, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the High Court of Kwara State, per E.B. Mohammed, J., delivered on 23rd October, 2012, convicting and sentencing the appellant to death by hanging for the offence of culpable homicide punishable with death under Section 221 of the Penal Code.
The background
The appellant, a Police Constable attached to A Division Police Station, Ilorin of the Kwara State Police Command, who was charged and arraigned before the High Court of Kwara State along with one Sunday Balogun, a Police Sergeant, for the offence of conspiracy and culpable homicide punishable with death under Section 97 and 221 of the Penal Code. The prosecutions case as presented by its eight witnesses was that in the evening of 03/01/2010, the appellant alongside three other Policemen, including his co-accused person Police Sgt. Sunday Balogun who was charged for only a lesser offence, P.W.3 Adams Hakeem, and P.W.4, Police Const…