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FRED NOSA OMORUYI V. THE STATE

(2018) JELR 34415 (CA)

Court of Appeal  •  CA/B/199C/2016  •  26 Apr 2018  •  Nigeria

Coram
JIMI OLUKAYODE BADA JCA; SAMUEL CHUKWUDUMEBI OSEJI JCA; MUDASHIRU NASIRU ONIYANGI JCA;

Appearances
Matthew Osa-Oghogho, Esq. For Appellant Lotanna Okoli, Esq. For Respondent

Judgement

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Edo State sitting in Benin City and delivered by Omonua J., on the 22nd day of January, 2016, wherein the appellant was found guilty and convicted for the offence of kidnapping.

The three counts as per the information filed in the trial Court reads thus:

COUNT I:

That you Fred Nosa Omoruyi (m), Kelvin Efosa Eseosa Osagie, aka Johnbull (m) and others now at large on or about the 22nd day of July, 2011 at Benin, in the Benin Judicial Division, did conspire amongst yourself to commit a felony to wit: armed robbery and thereby committed an offence contrary to Section 6(b) and punishable under Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act Cap R11, Laws of the Federation of Nigeria 2004.

COUNT II:

That you Fred Nosa Omoruyi (m), Kelvin Efosa Eseosa Osagie, aka Johnbull (m) and others now at large on or about the 22nd day of July, 2011 at Benin Judic…

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