ADEBUKUNOLA ADEOTI BANJOKO, JCA (Delivering the Leading Judgment): This is an Appeal against the Judgment of the High Court of Kogi State delivered by HONOURABLE JUSTICE R. O. AYOOLA in Charge No: HCL/84C/2022 on the 26th day of May, 2023 which can be seen at Pages 127 to 158 of the Records of Appeal.
The Records of Appeal was transmitted to this Court on the 12th day of September, 2023.
The Appellant, as 2nd Defendant alongside one other Defendant, were charged with Criminal Conspiracy, Kidnapping and Culpable Homicide punishable with death, under Section 97(1) of the Kogi State Penal Code, Section 4 (3)(a) of the Kogi State Kidnapping and other Related Offences (Prohibition) Law, 2015 and Section 221 of the Kogi State Penal Code.
During Trial, the Prosecution called Five (5) Witnesses and tendered Thirteen (13) Exhibits to support its Case. On the part of the Defence, the Appellant testified, alongside his Co-Accused and one Witness.
The trial Court held that the Prosecution, had with r…