Judgment
MISTURA OMODERE BOLAJI-YUSUFF, J.C.A. (Delivering the Judgment) : The appellant herein and one other person were arraigned and tried before the High Court of Delta State for conspiracy to commit kidnapping, kidnapping, demanding with menaces and armed robbery punishable under Sections 364, 406 and 516 of the Criminal Code Law, Cap. C21, Volume 1, Laws of Delta State and Section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act Cap. R.
II, Volume 14, Laws of the Federation of Nigeria, 2004. The case of the prosecution was that on 31/3/2012, PW1 driving a Toyota Corolla on his way from work stopped for his friend, Elvis Alfred who was with him in the car to come down in front of his house. As soon he stopped, another car double crossed them. Five gunmen came out of the car, started beating him and his friend. They put him inside the booth of the car. His friend was put in the back seat of the car. After driving the car for some time, the car stopped, PW1 and his friend were brought out of the car.
The car and all the items that were in the car have not been found till date. PW1 and his friend were immediately blindfolded, dragged into the bush and chained to a tree. Two persons were guarding them in the bush. On the 5th day, they were able to escape and made their way to Ugheli/Warri Road where they found two soldiers at NEPA office. PW1 was able to contact his brother who in turn contacted the Anti-Terrorists Squad. The brother went with the squad to meet them and they led the squad to the place where they were detained and waited until the two people guarding them showed up.
The appellant and his co-convict were the two persons that showed up and they were arrested. Ammunitions and other items were recovered from the camp. The appellant and his co-convict confessed to being part of the kidnapping gang that kidnapped PW1 and his friend. The prosecution called two witnesses. The appellant testified in his own defence and called no other witness. The lower Court in its judgment delivered on 19/6/2017 by F.N.
AZINGE, J found the appellant and his co-convict guilty of conspiracy to commit kidnapping, kidnapping and armed robbery and sentenced them accordingly. The appellant was aggrieved by the judgment. He filed a notice of appeal against the judgment on 12/3/2021 having been granted an extension of time by an order of this Court made on 4/3/21. An amended notice of appeal filed on 10/9/21 was deemed as properly filed and served on 9/2/22.
