STANLEY SHENKO ALAGOA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Olatoregun J. of the Federal High Court, Abeokuta Ogun State delivered on the 13th March 2008 in Charge No. FHC/AB/9C/2007 FEDERAL REPUBLIC OF NIGERIA v. ADELARIN LATEEF and 4 ORS in which the learned trial Judge convicted and sentenced the accused persons (now Appellants) on a two counts charge of conspiracy to commit felony and adulterating 77 bags of Dangote Cement with Sand with intent to sell same as genuine cement to the public. The charge at the lower court as contained at page 4 of the Record of Appeal reads as follows:
COUNT 1: That you Adelarin Lateef 'f', Rafia Raimi 'f', Segun Raji 'm', Tunde Lateef and Monsuru Adegbola 'm' on or about the 4th June 2006 at Kangudu Village Oke-Ode Obantoko Abeokuta within the jurisdiction of this Honourable Court did conspire to commit a felony to wit: adulteration of cement and thereby committed an offence contrary to section 10(6) an…