SIDI D. BAGE, JSC (DELIVERING THE LEADING JUDGMENT): This is an appeal against the ruling of the Court of Appeal, Calabar Judicial Division delivered on the 19th day of November, 2013, in Appeal No. CA/C/76C/2012. The Court of Appeal affirmed the ruling of the High Court of Cross River State sitting at Ogoja.
The appellant, Oko Ogar Adama along with 13 other accused persons were arraigned before Justice E. E. Ita of Cross River High Court, charged with conspiracy, unlawful assembly, malicious damage and stealing contrary to Sections 20(6), 70, 541 and 390(9) of the Laws of Cross River State of Nigeria 2004 respectively.
The appellant and the other 13 accused persons denied both counts.
At the trial, the prosecution called a total of five (5) witnesses while a no case submission was made on behalf of the appellants. After hearing and evaluation of the testimonies of the five witnesses, the learned trial judge over-ruled the no case submission and requested the appellants to enter their de…