Bello Abubakar V. The State (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HAMMA AKAWU BARKA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Delta State, Asaba Division, delivered on the 17th of December 2013, in suit no. A/15c/2013. By the said judgment the Lower Court convicted the appellant on three of the five counts of the charge, of kidnapping, stealing, and demanding with menace, contrary to Sections 364, 390, and 406 of the Criminal Code Cap. C21, Vol.1 Laws of Delta State 2006, and sentenced, him to six years, five years, and two years respectively. The charge against the accused person, reads as follows:-

Particulars of offence, Count I

Bello Abubakar (m) on or about the 2nd of September 2012 conspired with others now at dead to commit a felony to wit kidnap.

Particulars of offence, Count II

Bello Abubakar (m) on or about the 17th of May 2012, at Anwai Road in the Asaba Judicial Division unlawfully imprisoned one Dr Hyginus Opara in a manner that made it impossible for anyone to discover the place he was imprisoned.

Particulars of offence, Count III

Bello Abubakar (m) on or about the 17th of May 2012 at Anwai Road within Asaba Judicial Division stole the sum of three million naira property of one Dr Hyginus Opara.

Particulars of offence, Count IV

Bello Abubakar (m) on or about the 17th of May 2012, at Anwai Road within Asaba Judicial Division demanded the sum of N50,000,000 (fifty million naira) from one Mrs Opara Hyginus with the threat of killing her husband Dr Hyginus Opara if the said demand was not complied with.

Particulars of offence Count V

Bello Abubakar (m) on or about the 17th of May 2012, at Anwai Road in the Asaba Judicial Division robbed one Dr Hyginus Opara of his I. D card, ATM card and wedding ring.

The appellant pleaded not guilty to all counts of the charge read to him. The prosecution in proving the case, called three witnesses, and tendered exhibits, the alleged confessional statement of the accused person, Exhibit A, and Exhibits 81 to 84, the statements of Mohammed Mamudu, Hammadu Audu, Ikechukwu Ikani, and Monday Chukwudebe respectively. It should be mentioned that, when the prosecution, sought to tender Exhibit A, the alleged statement of the appellant, objection was raised to the effect that he was not the maker.

The objection was over ruled, and the statement admitted in evidence. At the close of the prosecutions case, the appellant made a no case submission, which was over ruled. The appellant later gave evidence in his defence, and closed his case. At the end of trial, the court, acquitted the appellant on counts 1, and 5, but found the appellant guilty, on counts 2, 3, and 4, and sentenced him according to law.