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(2021) JELR 109575 (CA)

Court of Appeal  •  CA/MK/1C/2020  •  4 Mar 2021  •  Nigeria

Ignatius Igwe Agube, JCA Cordelia Ifeoma Jombo-Ofo, JCA Yargata Byenchit Nimpar, JCA


YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment): This Criminal Appeal is against the decision of the High Court of Nasarawa sitting in Lafia delivered by HON. JUSTICE SIMON O. ABOKI on the 12th November, 2019 wherein the lower Court found the Appellant guilty and convicted him for the offence of kidnapping; he was sentenced to 8 years imprisonment pursuant to Section 274 of the Penal Code. The Appellant was initially arraigned along another person who was discharged after a No case Submission. The Appellant dissatisfied with the conviction and sentence filed a Notice of Appeal dated 3rd December, 2019 setting out 6 grounds of Appeal.

Facts leading to this appeal are straight forward and amenable to brief summary, I shall do so shortly. The initial charge against the Appellant with his co-accused was a three-counts charge of Conspiracy, Culpable Homicide and kidnapping punishable under Sections 97, 221 and 274 of the Penal Code. Upon close of case for the prosecution t…

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