ARIWOOLA JCA (Delivering the Lead Judgment): This is an appeal against the decision of the Kaduna High Court in its appellate jurisdiction. The appellant was the accused person at the Magistrate’s Court. He was convicted of the 1st count charge of criminal trespass and sentenced to three (3) months imprisonment with option ofN2,000.00 (two thousand naira) fine. On the 2nd count charge, the accused was discharged and acquitted. On appeal to the Kaduna High Court, the decision of the Magistrate’s Court was affirmed. Dissatisfied with the decision of the High Court delivered on 31st October, 2002 affirming the conviction and sentence, the appellant further appealed to this court.
The fact of this case briefly put is as follows:
Sometime in 1999, the appellant was charged with the following offences:
Count 1:-
“That on or about the 18th day of July, 1999 at No. 8 block 3, Gafai street, behind Kaduna Textile Limited, Kaduna, you committed criminal trespass by entering into the above named pr…