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NWUKURU OBINNA v. THE STATE

(2021) JELR 109434 (CA)

Court of Appeal  •  CA/E/45C/2020  •  28 Sep 2021  •  Nigeria

Coram
Ahmad Olarewaju Belgore, JCA Ita George Mbaba, JCA Joseph Olubunmi Kayode Oyewole, JCA

Judgement

JOSEPH OLUBUNMI KAYODE OYEWOLE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Ebonyi State, Ikwo Judicial Division, holden at Agubia, delivered on the 25th January, 2017 by OKO, J.

The Appellant was the 2nd accused in a charge involving three accused persons arraigned before the trial Court on a one count charge of kidnap of one Miss Ukamaka Immaculate Ogboji under Section 4(1) (a) of the Ebonyi State Internal Security Enforcement and Related Matters Law, Laws of Ebonyi State, 2009 to which they all pleaded not guilty.

At trial, the prosecution called four witnesses while each of the accused persons testified from the witness box for their respective defence. The case of the prosecution was that the victim, daughter of PW1 was discovered missing after church service on the 19th August, 2012. Efforts by the community to locate the missing girl proved abortive until phone calls including a text message demanding a ransom of N2m were …

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