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BELLO ABUBAKAR v. THE STATE

(2014) JELR 36557 (CA)

Court of Appeal  •  CA/B/58C/2014  •  30 Jun 2014  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; PHILOMENA MBUA EKPE JCA; HAMMA AKAWU BARKA JCA;

Judgement

HAMMA AKAWU BARKA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Delta State, Asaba Division, delivered on the 17th of December 2013, in suit no. A/15c/2013. By the said judgment the Lower Court convicted the appellant on three of the five counts of the charge, of kidnapping, stealing, and demanding with menace, contrary to Sections 364, 390, and 406 of the Criminal Code Cap. C21, Vol.1 Laws of Delta State 2006, and sentenced, him to six years, five years, and two years respectively. The charge against the accused person, reads as follows:-

Particulars of offence, Count I

Bello Abubakar (m) on or about the 2nd of September 2012 conspired with others now at dead to commit a felony to wit kidnap.

Particulars of offence, Count II

Bello Abubakar (m) on or about the 17th of May 2012, at Anwai Road in the Asaba Judicial Division unlawfully imprisoned one Dr Hyginus Opara in a manner that made it impossible for anyone to discover the pl…

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