MANGAJI, JCA (Delivering the Lead Judgment): This is an appeal from the judgment of Hwande J. of the High Court of Benue State sitting in Gboko in suit No. GHC/SC/94 wherein on 9th May, 1996 he found the appellant guilty of the offence of mischief contrary to and punishable under section 337 of the Penal Code Cap 89 of the Laws of Northern Nigerian, 1963, applicable to Benue State, and accordingly sentenced him to three years in prison I.H.L. and a fine of ₦5,000.00 with a further imprisonment term of 12 (twelve) months on failure to pay the fine. The appellant felt aggrieved with the decision and accordingly filed a notice and grounds of appeal containing five grounds of appeal dated 23/5/96. In the course of this judgment, I shall refer to the appellant with that appellation or “the accused person”, as the case may be, in order to bring home the full import of the factual situation that is relevant. “The prosecution” shall, where the context admits, be referred to as such, or “the…