EJEMBI EKO, J.C.A. (Delivering the Leading Judgment): This Appellant was, along with 5 others, charged with the offences of conspiracy to commit felony, conducting themselves in a manner likely to cause the breach of public peace, and causing wilful damage to crops belonging to Joy D. Solomon, Mercy Effiong and Cecilia Effiong. The offences are punishable under Sections 516, 249(1), 81 and 451 of the Criminal Code Law 1963 of the Laws of Eastern Nigeria applicable in Rivers State. The Appellant was the 1st accused person on the charge sheet.
The trial was of the Chief Magistrate's Court. Four witnesses testified for the prosecution and some exhibits were tendered in the course of the proceedings. At the close of the prosecution, Counsel for the Appellant, as the 1st Accused of the trial court, entered a no-case submission. The submission was overruled by the learned Chief Magistrate on 11th November, 2008. The Appellant lodged his appeal against the decision of the learned Chief Magis…