OYEBISI F. OMOLEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Kogi State sitting at Okene (hereinafter referred to as the trial Court) presided over by H.A. Olusuyi, J. delivered on the 22nd day of May, 2007.
The facts surrounding this case as contained in the printed record of appeal before this Court are that, the Appellant as an accused person was charged before the trial Court on an information of one count of mischief by fire, contrary to and punishable under Section 337 of the Penal Code. It was alleged that the Appellant had cases pending against him at the Upper Area Court, Ebogogo in Okene Local Government Area of Kogi State. Before the cases were heard, the chambers of the President of the said Upper Area Court was gutted by fire wherein all the case files among others were destroyed.
The prosecution in proving its case called five witnesses; while the Appellant testified in his defence and also called one witness. …