MISITURA OMODERE BOLAJI-YUSUFF, J.C.A. (Delivering the Leading Judgment): The appellant herein and one other person were arraigned and tried before the High Court of Delta State for conspiracy to commit kidnapping, kidnapping, demanding with menaces punishable under Sections 364, 406 and 516 of the Criminal Code Law, Cap. C21, Volume 1, Laws of Delta State of Nigeria and armed robbery punishable under Section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act Cap. R. II, volume 14, Laws of the Federation of Nigeria, 2004.
The case of the prosecution was that on 31/3/2012, PW1 on his way from work in a Toyota Corolla car stopped for his friend, Elvis Alfred who was with him in the car to come down in front of his house. As soon he stopped, another car double crossed them. Five gunmen came out of the car, started beating him and his friend. They put him inside the booth of the car. His friend was put in the back seat of the car. After driving the car for some time, the car s…