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ASOMUGHA EMEKA EMMANUEL v. THE STATE

(2019) JELR 91598 (CA)

Court of Appeal  •  CA/E/52C/2017  •  29 Jul 2019  •  Nigeria

Coram
IGNATIUS IGWE AGUBE JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA; ABUBAKAR SADIQ UMAR JCA;

Judgement

ABUBAKAR SADIQ UMAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Enugu State High Court, Aguobu-Owa Judicial Division, delivered by N.N. Neboh J., on the 14th day of July, 2016 wherein the learned trial Judge found the Appellant guilty of the offence of kidnapping and sentenced him to death by hanging.

BRIEF FACTS OF THE CASE

By an information filed at the Court below by the Attorney General of Enugu State on behalf the State on the 9th day of October, 2014, the Appellant and one Stephen Ekene Akpata were charged with the offence of kidnapping contrary to Section 315(2) of the Criminal Code Amendment Law of Enugu State 2009. (See page 17 of the record).

On the 23rd day of March, 2015, the Court below, on the application of the Attorney General of the State struck out the name of the said Stephen Ekene Akpata from the charge leaving only the Appellant?s name as the sole defendant in the case. (See page 43 of the record). In a bid to establish the g…

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