OREDOLA JCA (Delivering the Lead Judgment): The appellant herein who was the first accused person before the trial court was arraigned alongside other accused persons on a three count charge in the High Court of Cross River State, holden at Ogoja. They were jointly charged with:
1. Conspiracy to effect malicious damage to trees and removal of boundary marks planted and erected by the named complainant, contrary to section 518(6) of the Criminal Code, Cap. 31, Laws of Cross River State.
2. Unlawfully and willfully damaging trees planted by the said complainant, contrary to section 451 of the same.
3. With intent to defraud, willfully and unlawfully removal of boundary marks demarcated with beacon stones erected by the complainant, contrary to section 457 of the same.
On 12 January 2006 and before the trial court, the pleas of the accused persons, inclusive of the first accused hereinafter referred to as the appellant, were duly taken. They all pleaded not guilty to the three-count charg…