The appellant, together with one Adamu Saliu, were charged on a three count charge of criminal conspiracy, armed robbery and culpable homicide, punishable with death, contrary to Section 97(1) 298(d) and 221, read together with Section 79 respectively, of the Penal Code.

Evidence led at the trial was that the appellant and his co-accused (1st accused), on or about the 9th day of August, 2003 at Akpogu-Ozugbe Road, Koton-karfi in Kogi Local Government Area, conspired to commit the offence of armed robbery and culpable homicide by killing one Mohammed Abubakar. The appellant herein made a confessional statement Exhibit 'F' to the Police but later retracted same during the trial and testified that the confessional statement was obtained from him under duress. However, in his well considered judgment the learned trial judge convicted and sentenced the appellant to death in respect of the offence of culpable homicide only. An appeal to the Court of Appeal was dismissed without much ado.