CaseLaw
Sule V. State (2009) CLR 6(c) (SC)
Judgement delivered on June 5th 2009
Brief
Facts
This is an appeal against the decision of the Court of Appeal, Abuja Division (hereinafter called "the Court below") delivered on 4th April, 2007, affirming the conviction and sentence to death of the Appellant by Musa, J. of the High Court of Kogi State for culpable homicide under Sections 97(1) and 221 of the Penal Code in his Judgment delivered on 5th May, 2003.
Dissatisfied with the said decision, the Appellant, has appealed to this Court on ten (10) grounds of appeal as contained in his Amended Notice of Appeal filed on 12th September. 2008. The facts briefly stated, are that the Appellant and five others, were charged and arraigned before the trial Court, sitting at Ankpa on two counts of conspiracy to murder and the murder of the deceased-one Jibrin Umoru Okpanacbi. At the trial, five witnesses were called by the prosecution while each of the accused person, testified in his defence. Thereafter, learned Counsel for the parties submitted written addresses. In a considered judgment, the learned trial Judge, found and held, that the charge of conspiracy, was not made out against the other five accused persons who were accordingly discharged and acquitted. The Appellant, was found guilty and was convicted and sentenced to death. Dissatisfied with the said conviction and sentence, the Appellant appealed to the Court below which affirmed the said decision of the trial Court, hence the instant appeal to this Court.