A summary of the facts of the case as presented by the Respondent is that on the 28/9/2011 at about 7pm, the Appellant with one Abubakar Kareem (aka Super) and three other persons now at large went to the house of one Barrister Maxwell Igbadiumhe (PW2) while armed with cut to size barrel guns and they kidnapped him, put him inside his own black BMW 3 Series car, after tying him up and took him to an unknown destination inside a forest. He was only released after three days in their custody and upon payment of N1million ransom which was brought to them in the bush by the victims wife (PW1) at location designated by the kidnappers. The Appellant as 2nd accused denied any involvement in the alleged kidnapping saga.
At the trial, prosecution called three witnesses and tendered five exhibits which were marked as Exhibits A, B, B1, C, and C1 respectively.
The 1st accused person testified for himself and tendered one document admitted as Exhibit D. The Appellant as the 2nd accused person also testified in his own defence and called no other witness.
The parties thereafter filed and exchanged written addresses which they subsequently adopted and relied on at the lower Court.
In a judgment delivered on 31/10/2014, the two accused persons were found guilty as charged for the offence of kidnapping and were each accordingly convicted and sentenced to twenty-one years in imprisonment.
The Appellant herein as the 2nd accused person was not satisfied with the said judgment and consequently filed a notice of appeal on 22/12/2014.
An amended notice of appeal containing seven grounds of appeal was subsequently filed on 31/3/2016 but deemed properly filed on 3/4/2017. The Appellants brief of argument settled by Paul Osarenkhoe Esq., was filed on 5/4/2017 while the Appellants reply brief was filed on 12/5/2017. The Respondents brief of argument settled by Lotanna Chuka Okoli Esq., was filed on 24/4/2017.
The parties adopted and relied on their respective briefs of argument at the hearing of the appeal on the 6/12/2017.
From the seven grounds in the amended notice of appeal, the Appellant formulated the following two issues for determination:
(1) Did the learned trial Judge properly evaluate the evidence led by both the prosecution and defence and was there any basis for the findings of facts made against the Appellant in the judgment to warrant the conviction of the Appellant. (Grounds 1 6).
(2) Having regard to the totality of the evidence led at the trial, was there any circumstantial evidence leading to the inevitable conclusion of guilt of the Appellant? (Ground 7).
The Respondent on the other hand formulated a sole issue for determination as follows:
Whether from the surrounding circumstances and the evidence adduced by the prosecution it proved its case beyond reasonable doubt as to justify the conviction of the Appellant. The sole
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