LOVEDAY CHUKWUDI AHUCHAOGU V. THE STATE

TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the Judgment in respect of the appeal filed by appellant on 20/12/2010 against the judgment of Abia State High Court 2 Umuahia delivered on 22/11/2010.

The accused was arraigned before the lower Court on a four count charge which read thus:

STATEMENT OF OFFENCE COUNT ONE

CONSPIRACY, contrary to Section 516 A(1) of the Criminal Code Cap 30 Vol.II Laws of Eastern Nigeria 1963 as amended, applicable in Abia State.

PARTICULARS OF OFFENCE

LOVEDAY CHUKWUDI AHUCHAOGU and others now at large on the 8th day of July 2008 at Umudike Ikwuano at the Umuahia Judicial Division conspired amongst yourselves to commit a felony to wit: kidnapping.

STATEMENT OF OFFENCE COUNT TWO

KIDNAPPING contrary to Section 364 of the Criminal Code Cap 30 LAWS OF Eastern Nigeria 1963 applicable in Abia State.

PARTICULARS OF OFFENCE

LOVEDAY CHUKWUDI AHUCHAOGU and others now at large on the date and place in the aforesaid Judicial Division, kidnapped one Fr…