CaseLaw
Okafor Vs. The State (2016) CLR 1 (s) (SC)
Judgement delivered on January 29th 2016
Brief
Facts
This is an appeal against the concurrent decisions of the High Court of Delta State delivered on 30/4/2014 and the Court of Appeal, Benin Division delivered on 5/12/2014 to the effect that the appellant has a case to answer in respect of two of the three count charge against him.
On 25/7/2013 the appellant and one Sunday Okolie Emenike were arraigned before the trial court on a three-count charge of conspiracy to kidnap, attempted kidnapping and attempted murder, with others now at large, of one Chief John Uchechu punishable under Sections 516, 509 and 320 respectively of the Criminal Code Cap.21 Vol. 1 Laws of Delta State 2006.
They both pleaded NOT GUILTY to each count of the charge. At the trial, the prosecution called four witnesses, tendered some exhibits and closed its case. The appellant made a no-case submission. In a considered ruling delivered on 30/4/2014, the trial court upheld the no-case submission made on behalf of the appellant's co-accused and discharged and acquitted him of all the charges against him. The court also upheld the appellant's no-case submission on the third count of attempted murder but overruled the submission in respect of counts 1 and 2 for conspiracy to kidnap and attempted kidnapping. The court held that a prima facie case had been made out against him in respect of the two counts and called upon him to enter his defence.
Being dissatisfied with this decision, the appellant appealed to the court below, which on 5/12/2014 dismissed the appeal and affirmed the decision of the trial court. The appellant is unhappy with this decision and has further appealed to this court
Issues
Whether the Court of Appeal was right in overruling the no-case submission by...