Bello Okashetu V. The State (2016)

LAWGLOBAL HUB Lead Judgment Report

CLARA BATA OGUNBIYI, J.S.C.

This is an appeal against the judgment of the Court of Appeal, Benin Judicial Division delivered on 9th day of December, 2014. The Lower Court affirmed the judgment of the trial High Court, Asaba, (Delta State) which convicted and sentenced the appellant to three terms of imprisonment to run concurrently for the offence of conspiracy to kidnap, kidnapping and unlawful possession of firearms.

The appellant was arraigned before the trial Court on a five – count charge of conspiracy to commit armed robbery, armed robbery, conspiracy to commit kidnapping, kidnapping and illegal possession of firearms. The particulars of the charge are stated below:-

COUNT I:

BELLO OKASHETU (m) and others now at large on or about the 8th day of March, 2011 along Illah Road within Asaba Judicial Division conspired amongst yourselves to commit felony to wit: Armed Robbery.

COUNT II:

BELLO OKASHETU (m) and others now at large on or about the 8th day of March, 2012 along Illah Road within Asaba Judicial Division robbed of Mr. Galvagni Renzo (m) of his two Laptops value unknown, one

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International Passport, one Zenith Bank Cheque booklet, two Hard drive discs, and two Flash drive disc, while armed with a gun.

COUNT III:

BELLO OKASHETU (m) and others now at large about the 8th day of March, 2012 along Illah Road within Asaba Judicial Division conspired amongst yourselves to commit felony to wit: Kidnapping.

COUNT IV:

BELLO OKASHETU (n) and others now at large on or about the 8th day of March, 2012 along Illah Road within Asaba Judicial Division kidnapped one Mr. Galvagni Renzo (m) to unknown destination, in a manner as to prevent any person entitled to have access to him from discovering the place where he was imprisoned.

COUNT V: