CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment): The Appellant herein was the 1st Accused person in the lower Court while the Respondent was the complainant. The Appellant was arraigned along with other three accused persons for the offences of conspiracy to commit felony to wit murder contrary to Section 324 of the Criminal Code, Cap 30 Volume II, Laws of Oyo State, 1978. At the close of trial, the Appellant was convicted alongside the 2nd and 3rd accused persons while the 4th accused person was discharged and acquitted on the two counts.
This appeal is against the conviction and sentence of the Appellant by the High Court of Oyo State sitting at Ogbomoso in its judgment delivered by his Lordship Mashud A. A. Abass on the 14th day of July, 2005.
The background facts are that on 10/3/04 the appellant and three other accused persons were arraigned over a two Count charge to which he pleaded not guilty to participate in kidnapping a traffic warden Police officer named Raji Ta…