BABA ALKALI BA'ABA, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of the Kaduna State High Court, Kaduna State Judicial Division delivered on the 3rd day of June, 2006 by Hon. Justice A. A. Othman whereby the appellant was convicted and sentenced to death by hanging for the offence of culpable homicide punishable with death under Section 221 of the Penal Code as contained at pages 79 - 94 of the printed record.
The appellant, being dissatisfied with the judgment of the lower court, filed five grounds of appeal against the judgment to be found at pages 96 - 99 of the printed record.
The brief facts of the case are as follows:
The appellant, Audu Yusuf, was charged along with one Lawal Musa, on a three count charge of conspiracy, armed robbery and culpable homicide punishable with death contrary to Section 5(b), 1(2)(a) of the Robbery and Firearms (Special Provision) Act, Cap. 398, Laws of the Federation of Nigeria 1990 and Section 221 of the Penal Cod…