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…

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