CaseLaw
Okashetu V. State (2016) CLR 6(b) (SC)
Judgement delivered on June 24th 2016
Brief
Facts
This is on appeal against the judgment of the Court of Appeal, Benin Judicial Division delivered on 9th day of December 2014. The lower court affirmed the judgment of the trial High Court, Asaba, (Delta State) which convicted and sentenced the appellant to three terms of imprisonment to run concurrently for the offence of conspiracy to kidnap, kidnapping and unlawful possession of firearms.
The appellant was arraigned before the trial court on a five - count charge of conspiracy to commit armed robbery, armed robbery, conspiracy to commit kidnapping, kidnapping and illegal possession of firearms.
The accused/appellant pleaded not guilty to all counts. At the conclusion of the hearing, the trial court discharged and acquitted the appellant on the counts of conspiracy to commit armed robbery and armed robbery but convicted him on the other three counts of conspiracy to commit kidnapping, kidnapping and illegal possession of firearms.
On appeal to the Court of Appeal, the appellant's appeal was dismissed. The pivot of the lower court's decision was its affirmation of the trial court's finding that Exhibit 'A' a confessional statement attributed to the appellant was indeed made by him (appellant) and that the ingredients of the offences charged were contained therein. The appellant was dissatisfied with the judgment of the lower court and hence filed his notice of appeal now before the court
Issues
Whether the lower court rightly affirmed the trial court's decision that the...