GALADIMA JCA (Delivering the Lead Judgment): This appeal is against the judgment of the High Court of Rivers State PortHarcourt presided over by Hon. Justice S.O. Iragunima, delivered on 28 January 2003. The appellants were jointly charged and tried on three distinct charges at Okrika Magistrate’s Court by S. Amadi (as he then was).
In count (1) all the accused persons were charged with the offence of conspiracy punishable under section 517 of the Criminal Code, Laws of the Eastern Nigeria, 1963 (as amended by Rivers State Amendment Edict, No. 5 of 1974), and applicable to Rivers State.
(2) Malicious damage punishable under section 451 of the Criminal Code, Laws of Eastern Nigeria, 1963, as applicable to Rivers State.
(3) Forcible entry into a piece of land which is in actual and peaceful (sic) of Major (rtd) Festus Iyaye, punishable under section 8 of the Criminal Code, Laws of Eastern Nigeria as applicable to Rivers State.
On 19 April 1994, the bail was granted to each accused save t…