OKECHUKWU ADENIYI THEOPHILUS V. THE STATE

HELEN MORONKEJI OGUNWUMIJU, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Enugu State delivered by Hon. Justice I.A. Umezulike C.J. (Rtd) on 5/10/15 wherein the learned trial Court discharged the Appellant without acquitting him.

On 14/5/12, the Appellant with nine other persons were charged via an amended charge with the offence of conspiracy, murder, arson, promoting local war, and malicious damage of property, a five count charge as follows:

Count I:

Conspiracy contrary to Section 494 of Criminal Code Cap. 30 Vol. II Laws of Enugu State, 2004.

Count II:

Murder contrary to Section 274 of the Criminal Code Cap 30 Vol. II Law of Enugu State, 2004.

Count III:

Promoting local war contrary to Section 86 of the Criminal Code Cap 30 vol. II Law of Enugu State, 2004.

Count IV:

Arson contrary to Section 416(a) of the Criminal Code Cap 30 vol. II Law of Enugu State, 2004.

Count V:

Malicious damage contrary to Section 415(1) of the Criminal Code Cap …