ABUBAKAR DATTI YAHAYA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Kogi State sitting at Okene, delivered on the 24th day of November, 2016. The appellant was the 3rd accused person of three accused persons who were arraigned before the Chief Magistrate's Court of Okene. The appellant was charged with the offences of Joint Act, Criminal Trespass, Mischief and Criminal Intimidation contrary to Sections 79, 348, 327 and 397 of the Penal Code. The prosecution in discharging her burden tendered exhibits 1 - 12 and called five (5) witnesses. Counsel to the appellant at the trial Court made a "No Case Submission". Thereafter, the Court discharged the appellant on the Joint Act and Criminal Trespass but charged the appellant for the offence of mischief and criminal intimidation.
Being dissatisfied with the decision of the Chief Magistrate's Court, the appellant appealed to the High Court of Justice, Okene sitting in an appellate capaci…