Commissioner Of Police v. Vincent E. Ogbumagbada (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AYODEJI OJO, JCA (Delivering the leading judgment)

This appeal is against the Judgment of the High Court of Justice, Rivers State sitting in the Port Harcourt Judicial Division in charge No: PHC/1685CR/2017 between: Commissioner of Police and Vincent E. Ogbumgbada delivered on 4th December, 2018.

In that judgment, the trial court discharged and acquitted the respondent who was tried pursuant to the following charge:

Amended charge

That you Vincent E. Ogbumgbada “M” with others now at large, sometimes between the months of October, 2016 – January, 2017 at Rumudogu Port Harcourt within the Port Harcourt Judicial Division did conspire amongst yourselves to commit felony to wit: kidnapping and attempted murder, and thereby committed an offence punishable under section 516 of the Criminal Code Act, Cap C 38, Laws of the Federation, 2004.

Count II

That you Vincent E. Ogbumgbada “M” with others now at large, on the same date and place in the aforesaid Judicial Division did kidnap one Mr. Fortune Ogbumgbada and kept him for four days in your custody with an intent to demand for ransom and thereby committed an offence punishable under section 364(2) of the Criminal Code Act Cap. C 38, Laws of the Federation, 2004.

Count III

That you Vincent E. Ogbumgbada “M” with others now at large on the same date and place in the aforesaid judicial division did attempt to unlawfully kill one Mrs. Agnes Fortune Ogbumgbada by shooting her with a gun, and thereby committed an offence punishable under section 320 of the Criminal Code Act, Cap. C 38, Laws of the Federation, 2004. (See page 14 of the record).

(i) Whether the offence of conspiracy to commit felony count 1 of the charge was not proved against the respondent to be entitled to judgment.

(ii) Whether the court below was right in discharging and acquitting the respondent on the three (3) count charge preferred against him.

Learned respondent’s counsel also formulated two (2) issues for determination as follows:

(i) Whether the trial court was right when it held that the prosecution failed to prove the essential elements of the offence of conspiracy against the respondent.

(ii) Whether the trial court was right to hold that the prosecution failed to prove its case against the respondent and discharged and acquitted the respondent.