BIOBELE ABRAHAM GEORGEWILL, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Delta State sitting in the Warri Judicial Division Coram: Flora Ngozi Azinge J in Charge No. W/379C/2009: The State v. Augustine Essi Ojakovo and 5 Ors delivered on 28/6/2012, in which the Appellant’s no case submission was overruled and the Appellant was called upon to enter upon his defence to the charges laid against him by the Respondent.
The Appellant, who was the 5th Accused person before the Court below, was dissatisfied with the said ruling and had filed his Notice of Appeal on 25/9/2012 on three grounds of appeal. See pages 125-128 of the Records of Appeal. The Record of Appeal was deemed as duly transmitted to this Court on 7/3/2014. The Appellant’s brief was filed on 23/3/2021 pursuant to the order of this Court made on requiring the Appellant to file his own separate brief from that of his co-accused person who are also appealing against the said r…