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…