HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Justice, Ilorin delivered on 22nd November 2005 wherein the learned trial judge convicted the Appellant on all the charges preferred against him by the prosecution.
The Appellant appealed against the said judgment and filed five grounds of appeal.
At the hearing of this appeal, the Appellant's counsel Mr. Rowland Otaru, SAN. Adopted the Appellant's brief dated 17th May 2007 filed on 21/5/07 and deemed filed on 28/5/07. The Respondent's Counsel Mr. J. A. Mumini, Director of Prosecutions Kwara State adopted the Respondent's brief filed on 6/6/07.
The facts that led to this appeal are as follows:
The Appellant was arrested on 30/6/2004 at the University of Ilorin He was arraigned before the High Court of Kwara State sitting at Ilorin the same month on the following charges:
"CHARGE ONE:
That you Mikairu Momodu on or about 30th June, 2004 at about 06:30 am at t…