STATE V. OLADEJO OGUNKANMI & ORS

MONICA B. DONGBAN-MENSEM, JCA (Delivering the Leading Judgment): The Appellant who was the prosecution at the trial court is dissatisfied with the judgment of Hon. Justice Boade J. of the Oyo State High Court of Justice holden at Ogbomoso Judicial Division delivered on Tuesday the 31st day of March, 2009. The Respondents/accused persons were charged with two counts of charge to wit: Conspiracy to commit Arson contrary to Section 516 of the Criminal Code, Cap. 38 Vol. 11 Laws of Oyo State of Nigeria and Arson contrary to and punishable under Section 445 of the criminal Code, Cap.38 vol. II Laws of Oyo State of Nigeria. The accused persons were discharged and acquitted by the trial court for the failure of the prosecution to proof the allegations against the accused persons.

The Appellant raised two grounds of appeal (pages 115-116 of the records of proceedings) and formulated three issues for determination as follows:-

1. Whether Exhibit 1 was properly received in evidence having regar…