KATSINA-ALU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Isiala Ngwa High Court holden at Okpuala Ngwa presided over by Isuama, J., in charge No. HIN/28C/87. The appellants were charged with the offences of conspiracy and "Arson". In his judgment delivered on the 27th day of February, 1995, the appellants were convicted of the offences with which they were charged and sentenced to five (5) and ten (10) years imprisonment respectively. The sentences to run concurrently.
The case of the prosecution as related by PW1 Chijioke Enwereuzo was that on the 6th day of March, 1980, the appellants went and harvested the palm fruits belonging to the complainants. After harvesting, the appellants went into the compound of the complainants, drove them away and set two of their houses on fire. PW1 gave an eye witness account of the incident. The prosecution also relied on the previous testimony of Donatus Enwereuzo (now deceased).
The appellants' case was …