PHILOMENA MBUA EKPE, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice G.O. Imadegbelo of the High Court of Edo State, sitting at Abudu, delivered on 14/7/2016, wherein His Lordship convicted the Appellant and two other persons on a four count charge of conspiracy to commit child stealing, child stealing, conspiracy to commit murder and murder, punishable under Sections 516, 324, 371 and 319 (1) of the Criminal Code Cap. 48 Vol.11 of the defunct Bendel State of Nigeria, 1976 now applicable to Edo State.
The facts of the case briefly stated as follows:
The Appellant who was the 2nd accused and two other persons were charged with the offences of conspiracy to commit child stealing, child stealing, conspiracy to commit murder and murder. The prosecution in a bid to prove its case called five witnesses, while each of the accused persons testified in his/her defence. The Appellant called two other witnesses.
PW1: Raphael Omoaghe is the brother-in-la…