REGINA OBIAGELI NWODO, J.C.A. (Delivering the Leading Judgment): The appellant with two other persons were arraigned first before Grade I Area Court Ajaka and the case was later transferred to the Magistrate Court and they were arraigned before the Chief Magistrate Court of Kogi State of Nigeria as accused persons on allegation of committing the offences of Criminal Trespass and mischief contrary to sections 348 and 327 of the Penal Code Law in case No. ICMC/15C/2006. Each of the accused denied the allegations. The prosecution called four witnesses who testified before the court. At the close of the case, the learned Magistrate ruled that a case has been made out against the accused persons and proceeded to frame two count charges against them which read as follows:
"1. That you Bala Ataguha Godwin Aguda and Wada Abuka all males of Ikare Ajaka within the jurisdiction of this court, on or about the 13th day of February, 2006 unlawfully entered into the landed property then in possessi…