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RAPHAEL EWUGBA v. THE STATE

(2017) JELR 37254 (SC)

Supreme Court  •  SC.480/2015  •  15 Dec 2017  •  Nigeria

Coram
OLABODE RHODES-VIVOUR JSC; MARY UKAEGO PETER-ODILI JSC; CLARA BATA OGUNBIYI JSC; AMIRU SANUSI JSC; SIDI DAUDA BAGE JSC;

Judgement

OLABODE RHODES-VIVOUR, JSC (Delivering the Leading Judgment): This is an appeal from the judgment of the Court of Appeal, (Benin Judicial Division) which affirmed the decision of a Delta State High Court on 27 May 2015 wherein the appellant as the 2nd accused person and his co-accused person were found guilty of the offences of conspiracy to commit kidnapping, kidnapping and armed robbery.

Trial got underway on 31 July, 2012 after the appellant entered a plea of not guilty to a three count charge which reads:

COUNT 1

STATEMENT OF OFFENCE

Conspiracy to commit a felony to wit: Kidnapping punishable under Section 516 of the Criminal Code Law, Cap C21 Vol. 1, Laws of Delta State of Nigeria 2006.

PARTICULARS OF OFFENCE:

Saidu Haruna (M), and Raphael Egwuba (M) on or about the 26 of December 2011 at Effurun, within the Effirun Judicial Division, conspired with others now at large to commit a felony to wit: Kidnapping.

COUNT 2

STATEMENT OF OFFENCE

Kidnapping punishable under Section 354(2) of the Cri…

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