HARUNA SIMON TSAMMANI, JSC (DELIVERING THE LEADING JUDGMENT): This appeal is against the judgment of the Court of Appeal sitting in Benin City delivered on the 2nd day of July, 2018. Therein, the Appellant and two others were charged, tried and convicted on a four (4) counts charge of conspiracy to steal a child, child stealing, conspiracy to commit murder and murder respectively. The said offences are punishable under Sections 516, 324, 371 and 319 (1) of the Criminal Code Law, Cap. 48 of vol.2, Law of Bendel State as applicable to Edo State.
The Appellant herein, was the 2nd accused person in the Information. The Brief facts of the case are that, the Appellant and his co-accused conspired to steal one Ifueko Stephen, a three years old girl so as to use some parts of her body for ritual purposes. That, the 1st accused who had custody of the child, negotiated with the Appellant for her (1st accused) to sell the girl to the Appellant for a fee of N1.5 million. That on the 24th day of F…