SAULAWA JCA (Delivering the Lead Judgment): The respondent and one other person, Edward Tobin, were both arraigned before the Chief Magistrates’ Court of Bonny, Rivers State, on a five-count charge (No. MB/123C/2000) of conspiracy to commit felony, house breaking, theft and unlawful destruction of a dwelling house, contrary to sections 516(A)(1), 411, 390(9), 451 and 86 of the Criminal Code Cap. 30, Volume II, Laws of Eastern Nigeria, 1963 applicable in Rivers State. The five-count charge in question reads as follows:
Charge No. MB/123C/2000
Commissioner of Police v. Joseph Tobin ‘M’ aged 71 years Edward Tobin ‘M’ aged 23 years and others at large.
Count I
That you Joseph A. Tobin, Edward Tobin ‘M’ and others now at large on 20 September 2000 at Finima, in Bonny Magisterial District did conspire among yourselves to commit felony to wit: house breaking and stealing and thereby committed an offence punishable under section 516A(i) of the Criminal Code Laws of Eastern Nigeria, 1963 as a…