ADAMU JAURO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Oyo state High Court of Justice, Ibadan Division delivered on 12th November, 2010 by Hon.Justice E.C.A. Lufadeju in suit No. I/90c/2006.
A synopsis of the facts resulting in this appeal is hereby made as follows. In the early morning hours of 21st March, 2004 at about 6am the house of Omoleke Ogunsanwo (PW4) in Agudu village Ibadan got burnt. The appellants were alleged conspired together to set the house ablaze. Consequently the appellants were arraigned before the High Court of Justice, Oyo state, sitting in Ibadan on a two count charge of the following offences:
(i) Conspiracy to commit Arson contrary to Section 516 of the Criminal Code Law cap.38, vol. II Laws of Oyo State of Nigeria, 2000 and
(ii) Arson contrary to Section 443 of the Criminal Code Law,Cap. 38, vol. II Laws of Oyo State of Nigeria, 2000.
At the trial a total of 13 witnesses testified, made up of seven witnesses for…