Judgment
BIOBELE ABRAHAM GEORGEWILL, J.C.A. (Delivering the Leading Judgment) : This is an appeal against the judgment of the High Court of Niger State, Coram: Mohammed S. A. Mohammed J, in Charge No. NSHC/MN/2C/2020: The State V. Goni Tijani & 5 Ors delivered on 20/10/2021. The Appellant was found guilty of Criminal Conspiracy, Culpable Homicide punishable with death and Theft contrary to Sections 97, 221 and 228 of the Penal Code and was sentenced to death by hanging and five – years imprisonment. The Notice of Appeal was filed on 15/11/2021 on six grounds of appeal.
See pages 159 – 165 of the Record of Appeal. The Record of Appeal was compiled and transmitted to this Court on 30/12/2021. The Parties filed and exchange their briefs, which were adopted as their arguments at the hearing of this appeal on 7/6/2022. The Notice of Preliminary objection was filed on 11/2/2022 The Appellant was represented by Clement Ezika Esq., appearing with Nicholas Asuza Esq. The Respondent was represented by Ojonimi .S. Apeh Esq., appearing with Faith Y. Nwini Esq. Before the lower Court, the Appellant and five others were charged with the following offences, namely:
1. That you Goni Tijani, Abdulkadir Muktari, Bashir Alhassan, Ismaiye Umar, Isah Sani and Yusuf Muktari on or about the 26th July, 2019 at Tungan Maje via Suleja L.G.A. within the jurisdiction of this Honourable Court jointly killed one Mustapha Goni Umar Banaga and thereby committed the offence of culpable homicide punishable under Section 221 of the Penal Code to be read with Section 79 of the Penal Code Law.
2. That you, Goni Tijani, Abdulakdir Muktari, Bashir Alhassan, Ismaiye Umar, Isah Sani and Yusuf Muktari on or about the 26th July, 2019 at Tungan Maje via Suleja LGA within the jurisdiction of this Honourable Court conspired to kill one Mustapha Goni Umar Bamanga and thereby committed the offence of conspiracy punishable under Section 97 of the Penal Code Law, Laws of Northern Nigeria. 3.
That you Goni Tijani, Abdukadir Muktari, Bashir Alhassan, Ismaiye Umar, Isah Sani and Yusuf Muktari on or about the 26th July, 2019 at Tungan Maje via Suleja LGA within the jurisdiction of this Honourable Court stole a truck filled with fuel thereby committed the offence of theft punishable under Section 288 of the Penal Code Law Cap 89 Laws of Northern Nigeria. See page 6 of the Record of Appeal.
