Loveday Chukwudi Ahuchaogu v. The State (2024)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

ADAMU JAURO, JSC (Delivering the leading judgment)

The appeal herein is against the judgment of the Court of Appeal, Owerri Division in appeal No. CA/OW/275/2012 delivered on 7th April, 2017 wherein the court dismissed the appellant’s appeal against the judgment of the High Court of Abia State which had convicted the appellant for the offences of conspiracy, kidnapping, murder and robbery and sentenced him to death for murder and various terms of imprisonment for the other offences.

Synopsis of facts

The facts culminating in the instant appeal can be summarized thus:

The appellant as accused person was arraigned, tried and convicted before the High Court of Abia State on a four-count information bordering on conspiracy, kidnapping, murder and robbery.

After trial and adoption of final written addresses, but before judgment, the information was amended and the appellant again pleaded not guilty to all the counts. The amended information reads thus:

“Statement of offence – count one

Conspiracy contrary to section 516A of the Criminal Code Cap 30 Vol. II Laws of Eastern Nigeria, 1963, as amended, applicable in Abia State.

Particulars of offence

Loveday Chukwudi Ahuchaogu and others now at large on the 28th day of July, 2008 at Umudike Ikwuano in the Umuahia Judicial Division conspired amongst yourselves to commit a felony to wit: kidnapping.

Statement of offence – count two

Kidnapping contrary to section 364 of the Criminal Code Cap 30 Laws of Eastern Nigeria 1963 applicable in Abia State.

Particulars of offence

Loveday Chukwudi Ahuchaogu and others now at large on the date and place in the aforesaid Judicial Division, kidnapped one Francis Ajayi for the purposes of payment of ransom.