MUSA DATTIJO MUHAMMAD, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of the State High Court, presided by Hon. Justice J. U. Ogunbuyi, delivered on the 25th day of July 1979. The Appellant and two others were arrested and charged on a four count information. Three of the counts were for demanding money with menaces contrary to and punishable under Section 346 of the Criminal Code Cap 28 Vol.1 Laws of Western Nigeria 1959 and the fourth count being for stealing contrary to Section 224 and punishable under Section 331 (8) of the same code. At the end of the prosecution's case and following the no case submissions made by Counsel on behalf of all the accused persons, the 3rd accused person was discharged and acquitted on all the four counts while the prosecution having established a prima facie case in respect of the 1st and 3rd counts against the 1st and 2nd Accused persons, the duo were ordered to put in their defences in respect of the two counts.
Th…