FREDERICK OZIAKPONO OHO, J.C.A. (Delivering the Lead Judgment): This appeal and cross-appeal is against the judgment of the High Court of Adamawa State holden at Yola, Adamawa State, (hereinafter referred to as the Court below”) CORAM: C. D. MAPEO, J., delivered on 6th day of March, 2023 wherein the Court below found the Appellant and his co-accused person guilty on one count charge, of attempt to commit kidnapping contrary to Section 249(2) and punishable under the same section of the Adamawa State Penal Code Law, 2018. The Appellant was charged along with one UMAR USMAN before the trial Court via a charge sheet No:HC/ADSY/120C/2022.
Upon the plea of not guilty by the Defendant, the Prosecution now Respondent called four (4) witnesses PW1, PW2, PW3 & PW4, and closed his case. After the Respondent closed its case, the Defendants, one of whom is now Appellant, commenced his defense wherein he and his co-accused person testified for themselves as DW1 and DW2 and thereafter closed their c…