AYEGBAJEJE V. COP

FOLASADE AYODEJI OJO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Justice, Oyo State sitting in its appellate jurisdiction at Ibadan in Charge Nos. I/3CA/2013 delivered on the 8th of May 2014.

The Appellant, along with two others were arraigned before the Chief Magistrate Court, Moniya on a two count charge for the offences of conspiracy to commit misdemeanor to wit: forcible entry contrary to and punishable under Section 517 of the Criminal Code, Cap 38 Laws of the Oyo State of Nigeria and holding possession of a landed property by erecting structures on it without colour of right in a manner likely to cause breach of peace contrary to and punishable under Section 82 of the Criminal Code Cap 38, Vol.II Law of Oyo State of Nigeria 2000. In the course of the trial at the Chief Magistrate Court the prosecution called four witnesses and tendered some Exhibits. At the close of the case of the prosecution, learned counsel to the Appe…