ALHAJI KAZEEM OWONIKOKO V. THE STATE

AKANBI, JCA (Delivering the Lead Ruling): Applicant in this case is standing trial in the High Court for

(a) wilful and unlawful damage of property contrary to section 451 of the Criminal Code and

(b) forceful entry contrary to section 81 of the same Code.

The prosecution led evidence in support of the two counts. At the close of the prosecution's case learned counsel appearing for the applicant (defendant) made a no case submission. He urged that there were discrepancies in the evidence of the prosecution particularly with regard to the location of the damaged property but more importantly he contended that the applicant had through the prosecution witnesses established a bona fide claim of right to the damaged property and was therefore entitled to take advantage of the provision of Section 23 of the Criminal Code which reads thus:-

"A person is not criminally responsible, as for an offence relating to property, for an act done or omitted to be done by him with respect to any propert…