Raphael Ewugba V. The State (2017)

LAWGLOBAL HUB Lead Judgment Report

OLABODE RHODES-VIVOUR, J.S.C.

This is an appeal from the judgment of the Court of Appeal, (Benin Judicial Division) which affirmed the decision of a Delta State High Court on 27 May 2015 wherein the appellant as the 2nd accused person and his co-accused person were found guilty of the offences of conspiracy to commit kidnapping, kidnapping and armed robbery.

Trial got underway on 31 July, 2012 after the appellant entered a plea of not guilty to a three count charge which reads:

COUNT 1

STATEMENT OF OFFENCE

Conspiracy to commit a felony to wit: Kidnapping punishable under Section 516 of the Criminal Code Law, Cap C 21 Vol. 1, Laws of Delta State of Nigeria 2006.

PARTICULARS OF OFFENCE:

Saidu Haruna (M), and Raphael Egwuba (M) on or about the 26 of December 2011 at Effurun, within the Effirun Judicial Division, conspired with others now at large to commit a felony to wit: Kidnapping.

COUNT 2

STATEMENT OF OFFENCE

Kidnapping punishable under Section 354(2) of the Criminal Code Law, Cap. C 21 Vol.1, Laws of Delta State of Nigeria 2006.

1

PARTICULARS OF OFFENCE

Saidu Haruna (M), and Raphael Egwuba (M) on or about the 26 of December, 2011 at Effurun within the Effurun Judicial Division, unlawfully imprisoned one Onoriode Yvonne Asheshe (f) against her will.