UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): The Respondent was one of five accused persons arraigned for trial before the Magistrates Court of Delta State, sitting at Agbor. The arraignment was on a two count charge of conspiracy and forcible entry contrary to Sections 517 and 81 of the Criminal Code. The trial at the Magistrates Court was protracted. lt lasted for about nine years. In the course of the trial at the Magistrates Court, three of the accused persons died. Only the Respondent and one other were alive to stand trial to the end. At the conclusion of the trial, the learned trial Chief Magistrate in a judgment delivered on 19th August, 1995 convicted the accused persons on Court II of the charge being the count of forcible entry. They were discharged on the count of conspiracy.
The accused persons were dissatisfied with the judgment of the trial Chief Magistrate. They appealed against the judgment to the High Court. The appeal was filed within time. Th…