ENDURANCE EBEE
V.
THE STATE

(2022) JELR 109155 (CA)    
Court of Appeal  ·  CA/PH/16CR/2018 ·  19 Jan 2022 ·  Nigeria
CORAM
Paul Obi Elechi, JCA Ridwan Maiwada Abdullahi, JCA Olabode Abimbola Adegbehingbe, JCA

OLABODE ABIMBOLA ADEGBEHINGBE, J.C.A. (Delivering the Leading Judgment): The judgment, involved in this appeal, determined a one-count charge against the appellant, which is contained in an information filed on 30/04/2013 (page 2 of the record of appeal). The complaint is as follows:

“STATEMENT OF OFFENCE

PROCUREMENT: contrary to Section 9 of the Rivers State Kidnap (Prohibition) Law No. 3 of 2009.

PARTICULARS OF OFFENCE

ENDURANCE EBEE on the 22nd day of April, 2012 at about 12:00 hours at Deeyor Kira in Tai Local Government Area, in the BORI Judicial Division did procure one Tsaana-Kaa Lesir to arrange kidnappers to kidnap and murder one CHARITY EJIREOBECHU.”

At the trial of the charge, the appellant pleaded not guilty. Three witnesses were called to prove the case of the prosecution. At the prompting of the prosecution, the lower Court permitted the recall of PW 1. The appellant, as defendant, testified for himself and called one other witness.

The case against the appellant, before the l…

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