UMAR
V.
STATE

(2018) JELR 39072 (CA)

Court of Appeal · CA/IL/C.58/2017 · 11 May 2018 · Nigeria

CORAM

MOJEED ADEKUNLE OWOADE Justice of The Court of Appeal of Nigeria HAMMA AKAWU BARKA Justice of The Court of Appeal of Nigeria BOLOUKUROMO MOSES UGO Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

appellant

respondent

counsel

case

instant case

learned trial judge

trial court

exhibit a

confessional statement

supreme court

evidence of pw1

deceased persons

1st accused

culpable homicide

learned counsel

investigating police officer

case of dau vs. state

circumstances of the case

finding of the learned trial judge

allegation of the commission of a crime

appellants brief of argument

appellants confessional statement

case of adetola vs. state

case of tanko vs. state

charge no. kws

circumstantial evidence

confessional statement of the accused person

credible evidence

dpp kwara state

evidence of the prosecution witnesses

evidential burden of proof of the offence

exhibit a. appellants counsel

exhibits c

favour of the accused person

i. evidence of eye witness

inadmissible hearsay testimony of pw1

kogi state

kwara state

offences of conspiracy

offences of criminal conspiracy

patigi divisional police headquarters

respondent discharge

respondents brief of argument

said witness

tanko vs. state

totality of evidence

two issues

whole facts

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an Appeal challenging the conviction and sentence of the Honourable Justice I. A. Yusuf of the High Court of Justice, Kwara State, Ilorin Judicial Division as contained in the Judgment in Charge No. KWS/24C/2013 delivered on the 15th February, 2016 wherein the Appellant as 1st accused was convicted and sentenced to death for the offences of conspiracy and culpable homicide punishable with death.

The Appellant and the 2nd Accused were arraigned for the offences of Criminal conspiracy and culpable homicide punishable with death under Sections 97 and 221 of the Penal Code. The Appellant and the 2nd Accused pleaded not guilty to the two count charge.

The case for the Respondent was that one Rasheed Wasiu of Oke Agba, Egbe, Kogi State reported at Patigi Divisional Police Headquarters on 29th August, 2012 that one Uche Ogbonna, Ndubisi Ogbuerie who went to the naming Ceremony of the newly born child of their brother, on…

UMAR V. STATE

UMAR
V.
STATE