ROWLAND, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the Delta State High Court holden at Asaba presided over by Ogbodu, J., in charge No. AG/5C/90. The appellants were charged with the offences of conspiracy and arson. In his judgment delivered on the 6th day of December, 1993, the appellants were convicted of the offences with which they were charged but they were cautioned and discharged.
The case for the prosecution was that on 27th April, 1988, the appellants and two others came into the house of one Monica Nwanu were armed with different weapons to attack her. They attempted to drag her to the house of a native doctor to answer for a charge of witchcraft.
As she was being assaulted, some of the attackers were damaging her properties.
One of her sons called Peter managed to rescue her and escaped with her to the Police Station to report.
When they came back to their house with some Policemen they found that a part of their house and all their…