THEOPHILU PIUS V. THE STATE

ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU, J.C.A.(Delivering the Leading Judgment): This appeal emanated from the Judgment of the Ekiti State High Court, Ikere-Ekiti delivered by Hon. Justice A. A. Adeleye on February 24th 2014, wherein, the Appellant was found guilty of the death of one Anthonia Ogechukwu Okeke, and was sentenced to death by hanging. The Appellant has appealed against the decision being dissatisfied.

At the Court below, the Appellant was prosecuted on a two count charge as follows:

COUNT 1

STATEMENT OF OFFENCE

Kidnapping, contrary to Section 364 (2) of the Criminal Code Act Cap C38, Laws of the Federation of Nigeria 2004

PARTICULARS OF OFFENCE

Theophilus Pius, on or about the 19th of December 2008, at Ilawe Ekiti in the Ikere Ekiti Judicial Division, Kidnapped one Anthonia Ogechukwu Okeke.

COUNT 2

STATEMENT OF OFFENCE

Murder, Contrary to Section 319 (1) of the Criminal Code Act, Cap C38, Laws of the Federation of Nigeria 2004.

PARTICULARS OF OFFENCE

​Theophilus Pius on or about the …