G. A. OGUNTADE, J.S.C (Delivering the Leading Judgment): The appellant, Musa Yaro, was the first of six accused persons who were brought before the High Court of Kebbi State, Birnin Kebbi on a three-count charge of criminal conspiracy, abetment and culpable homicide punishable with death contrary to sections 97, 85 and 221 (a) of the Penal Code respectively. On 18/1/2000, the appellant and the five other accused persons charged with him pleaded not guilty to each of the counts. Hearing of the case opened on 19/1/2000. The prosecution called eight witnesses. The appellant elected not to testify or call a witness.
The trial Judge, Ambursa, J, on 24-02-2000 in the judgment, found the appellant and the 5 other accused persons with him guilty of the offence of culpable homicide punishable with death under section 221 (a) of the Penal Code. The appellant was accordingly sentenced to death. The appellant brought an appeal against his conviction before the Court of Appeal, Kaduna (herewith re…