OSEMEKE KINGSLEY V. THE STATE

PHILOMENA MBUA EKPE, JCA (Delivering the Leading Judgment):

This is an appeal against the Judgment of Honourable Justice I.E. Okogwu, of the Delta State High Court sitting at Agbor Judicial Division delivered on the 27th day of March, 2014 wherein the Appellant was charged on a four-count information of conspiracy to kidnap, demanding money with menaces, written threat to murder and conspiracy to murder.

The Appellant was found guilty and convicted on count 2 and 3, and sentenced to prison for two years and five years respectively without an option of fine.

FACT OF THE CASE:

The Appellant was charged to Court on four counts of conspiracy to kidnap, demanding money with menaces, written threat to murder and conspiracy to murder and he pleaded not guilty to all the counts. At the trial, the prosecution called three (3) witnesses in proof of its case beyond reasonable doubt and tendered Exhibits A the statement of the accused, Exhibits B and B1 which are the alleged text messages and Exhibi…