CASE TITLE: OBAKPNOVWE v. STATE (2023) LPELR-61092(CA)
JUDGMENT DATE: 1ST AUGUST, 2023
PRACTICE AREA: CRIMINAL LAW AND PROCEDURE
LEAD JUDGMENT: ABUBAKAR MAHAMUD TALBA, J.C.A.
SUMMARY OF JUDGMENT:
INTRODUCTION:
This appeal borders on the offenses of Conspiracy to commit Arson and Arson.
FACTS:
This appeal is against the judgment of Delta State High Court, Effurun Judicial Division, delivered on January 31, 2018 in Suit No. S/57C/2015.
On September 27, 2014, one Victor Ayomanor died and as a result, a mob went to the house belonging to Elizabeth Edjeba, wife of Johnson Edjeba. They poured the fuel around the compound and set it ablaze. On March 22, 2017, Appellant was arraigned before the High Court of Justice, Delta State, on a two-count charge of conspiracy to commit felony to wit arson, punishable under Section 516 of the Criminal Code and arson, punishable under Section 443 of the Criminal Code.
The Appellant pleaded not guilty. The trial Judge found the Appellant guilty and convicted him. He was sentenced to 7 years imprisonment for the offense of conspiracy and 10 years imprisonment for the offense of arson.
Dissatisfied with the judgment of the trial Court, the Appellant appealed.
ISSUE(S) FOR DECISION:
The Court determined the appeal on a sole issue for determination:
“In view of the evidence adduced before the trial Court, whether the learned trial Judge was right when he held that “it is clear that the accused was at the scene of crime and since PW1 evidence is not discredited, I am left with no alternative than to find the accused person guilty as charged for both offenses of conspiracy and arson.”
DECISION/HELD:
In its final analysis, the Court dismissed the appeal for lack of merit.
RATIOS:
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