ASENDE YAV & ORS V. THE STATE

NZEAKO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Ogbole J, sitting at the High Court of Justice, Makurdi Benue State of Nigeria. In the judgment delivered in charge MHC/19c/92 on 7th June, 1996. Of the 8 accused persons, he found 5 of them namely the 2nd, 3rd, 4th, 6th and 8th accused, guilty of the two counts for which they were charged. The 5th accused Ashikura Mtir had died before judgment, after he testified in his own defence. The 1st and 7th accused were discharged and acquitted, based on their respective pleas of alibi which succeeded.

The amended charge for which they were convicted were as follows:

Count 1:

That you Amile Gyuver, Asende Yay, lortuhwa Ngbar, lortim Kwaghvihi, Ashikura Mtir, Tsa Venande Lim, Nengem 19budu and Akar Igbudu.

On or about 13/4/89 at Ugambe Shangev Tiev in Konshisha L.G.A. within Benue State Judicial Division committed criminal trespass by entering into Yesem Ankyehe's compound without his consent and again…