JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): The Appellants were arraigned before the High Court of Kwara State sitting at Ilorin on a four count charge of conspiracy and attempt to commit mischief by fire and culpable homicide contrary to and punishable under Sections 97, 95, and 229 of the Penal Code. When the charge was read to them, they each pleaded not guilty. Proofs of evidence had earlier been filed along with the application to prefer a charge and the charge itself before the Court. Before trial could commence, the Appellants filed an application at the trial court wherein they prayed for an order of court quashing the charge against them on the ground that no prima facie case is disclosed by the proof of evidence. In its ruling delivered on 13th November, 2007, the Court, per Adewara, J., held that a prima facie case was disclosed in the proof of evidence and thus dismissed the application. Dissatisfied, the Appellants filed this Appeal.
At the hearing of…