Mustapha Umar V. The State (2016)

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MOHAMMED MUSTAPHA, J.C.A. 

This is an appeal against the judgment of the High Court of Niger State sitting at Suleja; by a notice of appeal dated the 12th March 2014, and filed on the 16th of May 2014 same having been deemed properly filed on the 9th of September, 2014.

The appellant and three co-accused persons were charged with conspiracy, culpable homicide and robbery, contrary to Sections 97, 221 and 298 of the Penal Code respectively; the appellant was convicted on the 18th of April, 2013, and sentenced to death for the offences of conspiracy and culpable homicide, and to seven years imprisonment for robbery; the charges are as follows:

That you Mustapha Umaru, Shuibu Bawa, Awalu Yahaya and Bello Sani Danlami all ?M? of Bulasawa Filling Station Suleja on or about 2030 hrs, on the 21st Day of December 2010 conspired amongst yourselves to commit felony to wit, by given Battery acid to one Umaru to drink now deceased and later robbed the office of the manager of the station and took away the sum of N675,550.00 (Six Hundred and Seventy Five Thousand, Five Hundred and Fifty Naira) only, from the Safe in

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the manager’s office and you thereby committed offences of Conspiracy Homicide, and Robbery Contrary to Sections 97,221 and 298 of the Penal Code.

This appeal is against that conviction and sentence on the following grounds, shorn of their particulars:

GROUND ONE:

The Learned Trial Judge erred in law in convicting the Appellant of the offence of culpable homicide contrary to Section 221(1) of Penal Code and conspiracy contrary to Section 97 of the Penal Code, and robbery in view of the totality of the evidence before the Court.

GROUND TWO:

The Learned Trial Judge erred in law in relying on Exhibit 1 as confessional statement of the Appellant to convict him of the offences he was charged.

GROUND THREE:

The Learned Trial Judge erred in fact in convicting the Appellant along with the other 2 co-accused persons of culpable homicide punishable with death, conspiracy and robbery on the ground that co-accused Bello San Danlami had the key to the office and Safe from where money was stolen without any sign of breakage into same.

GROUND FOUR: