This is an appeal against the -judgment of the Court of Appeal, Abuja Division delivered on 14/4/2011 affirming the conviction and sentence of the appellant by the High Court of Kogi State sitting at Egbe delivered on 11/5/2005.

The appellant along with four others was arraigned before the High Court of Kogi State, sitting at Egbe, on three counts of criminal conspiracy, culpable homicide and armed robbery punishable under Section 97 (1), 221 (a) and 298 (b) of the Penal Code. The appellant was the 1st accused at the trial court. All the accused persons pleaded not guilty to each of the three counts.

The prosecution called 9 witnesses and tendered 29 Exhibits, while the accused persons declined to testify on their behalf or call any witnesses.

The brief facts of the case are that on or about the 6th day of May, 2001 at Egbe in Yagba West Local Government Area of Kogi State, around 12.45am the Appellant drove a TATA Green Army Truck with Reg. No. DHQ 154 to Ise Oluwa Sawmill. The other four accused persons accompanied him in the vehicle to the sawmill. A security guard, Joseph Folatayo (PW1), sighted the other four accused persons coming towards him and another security guard (Baba Muri) with a halogen lamp and a gun. PW1 was able to run and inform PW2, Ojo Ayodeji, a manager at the sawmill of what was going on. Unfortunately, Baba Muri, the security guard, was killed by the assailants and was later found in a pool of his own blood with his hands and legs tied with rope and his head battered. A blood stained piece of wood was found near his corpse. It was discovered that one of the machine wheels had been loosened and rolled towards the army vehicle, while a sewage machine worth N25,000 had been stolen. A box of tools was also found among other things. The police apprehended the appellant who was in the truck at the entrance to the sawmill. The truck was searched and later taken away to the police station. The police later arrested the four other accused persons.

In a considered judgment delivered on 11/5/2005, the appellant was found guilty of criminal conspiracy only. He was convicted and sentenced to 10 years imprisonment without an option of fine. He was dissatisfied with the judgment and appealed to the Court of Appeal, Abuja Division (the lower court). His appeal was dismissed and his conviction and sentence were affirmed. Still dissatisfied he has appealed to this court.