NZEAKO JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Justice sitting at Shendam, Plateau State of Nigeria inits appellate jurisdiction, Damulak J., presiding, and sitting with Dakwang J. The judgment was delivered on 29/3/2000, allowing theappeal of the prosecution against the judgment of the Upper Area Court, Shendam which had on 26/5/99 discharged and acquitted the respondent in that court, of charges of abetment, trespass and kidnapping, contrary to sections 85, 349 and 273 of the Penal Code. This appeal is against the conviction and sentence of the appellant bythe appellate High Court of the offence of abetment of abduction under section 85 of the Code.
Very briefly, the facts of this case are as follows:
The accused who is the appellant in this appeal was reported to have gone to the house of Damina Abdullahi in Shimankar village on 13/4/98 and kidnapped his son, Danjuma Damina.
He was charged in the First Information Report (FIR) …