JOSEPH TINE TUR, J.C.A (Delivering the Leading Judgment): On 19th July, 1996 the Acting chief Magistrate Itu, convicted the appellants and others for diverse criminal offences under the Criminal Code, Laws of cross River state of Nigeria Cap-31 Vol.2 in suit No.MIT/36C/1993. On appeal to the High Court of Justice, Cross River State, Justice Philomena S. Etim, exercising appellate jurisdiction set aside the conviction and sentence of the other accused person but upheld the conviction and sentence of the 1st-5th appellants. There have further appealed to this court. Each appellant filed a separate Notice and Grounds of Appeal on 20th July, 2009 followed by a Joint brief on 25th January, 2011, deemed properly filed and served on the Respondent on 23rd February, 2011 with leave of this court. On 29th February, 2012 the respondent was granted leave to file brief within seven days. Both briefs were adopted on 3rd May, 2012 when the appeal came up for hearing.
The case of the prosecution bef…