These two appeals - SC.166/2012 and SC.168/2012 have the same substratum. They emanate from a single trial on the information No. KWS/17C/2008 at the High Court of Kwara State, sitting at Ilorin. Kamaru Yusuf is the Appellant in the appeal No. SC.166/2012; while the Appellant in the appeal No. SC.168/2012 is Adebisi Adesakin. At the Lower Court they were, respectively, the Appellants in the appeals Nos. CA/IL/C.1/2011 and CA/IL/C.52/2011. Judgments in both appeals, dismissing their separate appeals, were delivered on 15th March, 2012: hence, these further appeals.

The Appellants were tried jointly at the trial Court (Halima Suleman, J. Presiding) on information alleging in the four count charge:

That you, Kamaru Yusuf (m) Adebisi Adesakin (m) and Salihu Oyewale (m) on or about the 27th day of August 2007 at Ekosin (a village in Osun State) agreed to cause to be done by the duo of Kamaru Yusuf and Adebisi Adesakin an illegal act at Irra Kwara State within the jurisdiction of this Honourable Court, to wit to kidnap for money making rituals one Omobolanle Moses and that the same act was done in pursuance of the agreement, and that you thereby committed an offence punishable under Section 97 of the Penal Code.

That you, Kamaru Yusuf (m) Adebisi Adesakin(m) on or about the 27th day of August 2007 at Irra within the jurisdiction of this Honourable Court, did commit an illegal act, to wit you agreed to murder for money making rituals one Omobolanle Moses, 8 years old female child, and the same act was done in pursuance of the agreement, and you thereby committed an offence punishable under Section 97 of the Penal Code.

That you, Kamaru Yusuf (m) Adebisi Adesakin (m) on or about the 27th day of August 2007 at Irra Oyun Local Government Area Kwara State within the jurisdiction of this Honourable Court, did commit an illegal act to wit, you kidnapped one Omobolanle Moses an 8 year old female child in order that the said Omobolanle Moses might be killed and her head be used for money making rituals and that you thereby committed an offence punishable under Section 274 of the Penal Code.

That you, Kamaru Yusuf (m) Adebisi Adesakin (m) on or about the 27th August 2007 in a bush at Irra within the jurisdiction of this Honourable Court, did commit culpable homicide punishable with death in that you caused the death of one Omobolanle Moses (a female child of about 8 years old) by doing an illegal act, to wit, you strangulated and severed the head of the said Omobolanle Moses with the intention of causing her death and you thereby committed an offence punishable under Section 221 of the Penal Code.

Dated this day of 2008

J. A. Mumini Esq.

Director of Public Prosecution

Ministry of Justice Ilorin Kwara State

For Service On

The Accused Persons c/o Ilorin Prison

In these two appeals the Appellants are represented by one Max Ozoaka, Esq. In the summary of facts in paragraph 2.2 of each Brief settled for the Appellants, it is averred, and I agree, that "at the end of the trial (the two Appellants) were found guilty of each of the counts, convicted of all the offences charged and sentenced to death by hanging while the 3rd accused person, Salihu Oyewole, was discharged and acquitted in respect of the entire charge by the trial Court in the judgment delivered on the 7th of July, 2009."