A. FATAYI-WILLIAMS, J.S.C. (Delivering the Leading Judgment): At the Onitsha High Court on 22nd April, 1974, the appellants were jointly charged with and convicted of the offence of malicious damage to property contrary to section 451 of the Criminal Code of the East-Central State and sentenced to a year's imprisonment with hard labour. The first appellant (Christopher Onubogu) was also convicted in the same court on the same date of the offence of unlawful wounding contrary to section 338(a) of the said Code and sentenced to two years' imprisonment with hard labour. They both appealed to this court against their convictions. At the conclusion of the hearing on 15th August, 1974, we allowed the appeals and set aside the convictions and sentences passed on them. We now give our reasons for so doing.
The facts as found by the learned trial judge may be summarized as follows. On the day of the incident, Bertram Onubogu (2nd appellant) invited the complainant, Lawrence Okani (P.W.4) for a…