ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the judgment of Akwa Ibom State High Court, in Charge No. HU/62C/2015, delivered by Hon. Justice Okon A. Okon, whereof the lower Court convicted the Appellant (together with 3 other Accused persons) for kidnapping and sentenced him to death by hanging. The Court, however, discharged him on the Charge (Count) of conspiracy.
At the lower Court, Appellant was tried (as 2nd Accused person) on Information, as follows:
“Statement of Offence – Count I
Conspiracy Contrary to Section 552 of the Criminal Code Cap 38, Vol. 2, Laws of Akwa Ibom State of Nigeria, 2000.
Particulars of Offence
Bernard Efe Ajomayan, Christian Charles Nnenanya, Daniel Samuel West, Shedrack Dick Dala and Victoria Godspower Akpan on or about the 19th day of March, 2015 at No. 10 Idak Okpo Lane, Uyo, in the Uyo Judicial Division did conspire amongst yourselves to commit a felony, to wit kidnapping.
Statement of Offence – Count II
Kidnapping c…