IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the leading Judgment): This is an appeal against the Ruling of the High Court of Justice, Delta State, Asaba Judicial Division, which was delivered on March 12, 2010 by K. O. Okpu, J.
BACKGROUND FACTS
On August 8, 2008, the Appellant was arraigned on a five count charge of conspiracy to commit an offence to wit - conduct likely to cause a breach of the peace, et al, contrary to Sections 517, 249 (d), 86(2), of Criminal Code Laws of the Defunct Bendel State applicable to Delta State.
At the close of the prosecution case, the defence counsel made a no-case submission. On February 13, 2009, the learned trial Chief Magistrate delivered a considered Ruling to the conclusive effect, thus:
I have listened and studied the evidence of the prosecution, I have also considered the submission of learned defence counsel in its entirety...
In my own thinking, the exhibits in this case especially exhibits A, B, C, D, K, J and H disclosed a criminal c…