Okonkwo Lucky v. The State (2024)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

JOHN INYANG OKORO, JSC (Delivering the leading judgment)

The appellant, as 3rd accused person, was arraigned before the High Court of Osun State, together with 5 other accused persons, for offences of conspiracy, kidnapping and unlawful possession of firearms.

But for the 6th accused person who was struck out from the charge, the appellant, together with his co-accused persons were convicted and jointly sentenced to imprisonment for 7 years for the offence of conspiracy, 10 years for kidnapping and 10 years for unlawful possession of firearms. The sentences were to run concurrently.

The facts of the case as shown in the record are that the PW1, Alhaja Muibat Salaam, the wife of Hon. Salaam Najeem who was former speaker of Osun State House of Assembly, having closed from her shop at about 7pm on 9th October, 2012 was driving home with her daughter in her Honda Accord car when she noticed that another Honda Accord was trailing her.

On getting to Oke-Oye after Union church, Ejigbo the trailing car tried to overtake her. She then packed her car, alighted and started running on foot. The trailing car also stopped, its occupants alighted and chased after her.

They captured her, bundled her into their car and drove her into the bush. They later transferred her into a standby trailer and continued the journey. After several hours into the journey she discovered that she was in a forest along Lagos -Ibadan expressway. It was in that forest that she was held hostage for four days.

The appellant and his co-accused called their victim’s husband and demanded payment of ransom in the tune of N200,000,000.00 for her release. She was however rescued on the fifth day by a joint effort of the vigilante and the police without any ransom.

The PW1 while recounting her ordeal in captivity identified the appellant as one of the kidnappers apprehended in the bush by the vigilante upon her rescue and handed over to the police. He was accordingly charged to court.

This appeal therefore is against the judgment of the Court of Appeal, Akure Division, delivered on 30/3/2021 on appeal No. CA/AK/156c/2018 affirming the conviction and sentence passed on the appellant as hereinbefore mentioned. In accordance with the rules of this court both parties filed and exchanged their respective briefs of argument.

In the appellant’s brief settled by Hannibal Uwaifo, Esq and filed on 3/3/2023 learned counsel submitted a sole issue for determination as follows.

“Whether having regard to the available evidence and the entire circumstances surrounding the matter, the Court of Appeal was right to affirm the decision of the trial court.”

On behalf of the respondent, Morufat A. Bello, Esq. of counsel also formulated a lone issue for determination as follows:-

“Whether the evidence adduced by the prosecution’s counsel was adequate to establish offences of conspiracy, kidnapping and illegal possession of firearms against the appellant and whether the Court of Appeal was right to affirm the decision of the lower court.”

It is clear that the issue distilled by both parties is the same and points to the same direction only with minor variation in the choice of diction used. I however prefer the issue as couched by the appellant and will adopt same in determining this appeal.