LawPavilion Online


Back

KENNEDY ITOJE v. THE STATE

(2019) LPELR-48804(CA)

In The Court of Appeal of Nigeria

On Friday, the 1st day of November, 2019

CA/B/257C/2017


Before Their Lordships

HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria

SAMUEL CHUKWUDUMEBI OSEJI Justice of The Court of Appeal of Nigeria

MOORE ASEIMO ABRAHAM ADUMEIN Justice of The Court of Appeal of Nigeria


Between

KENNEDY ITOJE - Appellant(s)

AND

THE STATE - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on Criminal Law and Procedure.

FACTS:
This is an appeal against the decision of the High Court of Delta State sitting in Asaba.

The appellant was charged with the offences of conspiracy to commit kidnapping and kidnapping of one Kate Okogu (f) on or about the 14th day of September, 2012. He was tried for and convicted of the said offence by the High Court in Charge No. A/24C/2014.

In its judgment, delivered on the 20th day of July, 2017, the High Court sentenced the appellant to 5 years imprisonment in respect of the offence of conspiracy and 8 years imprisonment in respect of the offence of kidnapping, without an option of fine. The sentences were to run concurrently.

Dissatisfied, the Appellant appealed to the Court of Appeal.

ISSUES:
The Court determined the appeal on the issues raised by the parties and couched as follows:

APPELLANT'S ISSUE
"Whether from the totality of the evidence on record, the lower Court rightly held that the prosecution proved the alleged offences of conspiracy to kidnap and kidnap against the appellant beyond reasonable doubt."

RESPONDENT'S ISSUE
"Whether the trial Court was right in law when it held that the prosecution proved the case of conspiracy to kidnap and kidnapping against the appellant beyond reasonable doubt?"

DECISION/HELD:
On the whole, the Court found no merit in the appeal and accordingly dismissed same.


Read Full Judgment