FATIMA OMORO AKINBAMI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the Ekiti State High Court, Ijero-Ekiti Division (hereinafter referred to as the lower Court), sitting in its appellate jurisdiction, delivered by M.A. Agbelusi, J., on 8th November, 2013 in Suit No. HIJ/2CA/2013.
The brief background facts of this appeal are that, the appellant was charged with the offence of conducting himself in a manner likely to cause breach of peace, contrary to Section 249(d) of the Criminal Code Cap. 30 Vol. II Laws of Ondo State of Nigeria, 1978 as applicable in Ekiti State then.
Appellant was arraigned before the Senior Magistrate Grade II, Aramoko-Ekiti on a one count charge. During the trial of the appellant for the offence before the Chief Magistrate Court, the Respondent called six (6) witnesses and the appellant testified for himself in his own defence, and called two other witnesses and during the course of trial a number of exhibits were tendered b…