SIMEON AJOGWU V. THE STATE

YARGATA BYENCHIT NIMPAR, JCA (Delivering the Leading Judgment): This Appeal is against the decision of the High Court of Justice Kogi State delivered by Hon. Justice FOLAJOBI AJAYI on the 19th June, 2019 wherein the Court below found the Appellant guilty of the offences of Conspiracy and kidnapping and sentenced him accordingly. Aggrieved by the said decision, the Appellant filed a Notice of Appeal on the 17th September, 2019 setting out 8 Grounds of Appeal.

Facts leading to this Appeal are amenable to brief summary and I shall do so here. The Appellant was arraigned on a two count charge of Conspiracy and Kidnapping before the High Court of Justice, Kogi State sitting at Idah. The allegation was that the Appellant along 3 others conspired and kidnapped Mrs. Catharine Adama from Nokwa Village, Kogi State on the 17th January, 2018. They were arraigned and they all pleaded not guilty. Trial proceeded with the Respondent calling 5 witnesses while the Appellant testified for himself and di…