ISAIAH OLUFEMI AKEJU, J.C.A.(Delivering the leading Judgment): The appellant was one of the accused persons in case No.HJ/7C/2004 before the High court of Cross River state sitting at Ogoja on a three count charge of:
1. Conspiracy contrary to Section 518 (6);
2. Damaging trees contrary to Section 451;
3. Removal of boundary marks contrary to section 457; all of Criminal code all of Cap.31 Volume II Laws of cross River State of Nigeria.
The particulars of offence were that the appellant with other accused persons conspired among themselves on or about 15th July, 2001 at Ipoute Aliforkpa, Yala in Ogoja Judicial Division to effect unlawful purpose, to wit malicious damage of trees and removal of boundary marks planted and or erected by Dr. Paul Elanya Adi willfully and unlawfully damaging 300 Teak trees and 70 casuarina trees as we, as willfully and unlawfully removing beacon stones erected on the land by Dr. Paul Elanya Adi as boundary marks.
The accused persons (appellant inclusive) p…