A. O. OBASEKI, J.S.C.(Presiding and Delivering the Leading Judgment): On the 17th day of January, 1985 after hearing arguments of counsel, I dismissed the appeal and reserved my reasons till today. I now proceed to give them. The proceedings in this matter originated in the Chief Magistrate's Court, Benin City. There, the two appellants were charged with the offences of
(1) wilful and unlawful damage contrary to section 451 of the Criminal Code Cap 48 Vol. 2 Laws of Bendel State of Nigeria.
(2) Stealing contrary to section 390 of the Criminal Code Cap 48 Vol. H 2 Laws of Bendel State of Nigeria 1976.
One Edomwonyi Eguakun was charged and tried along with them. He was discharged and acquitted on both counts but the two appellants were convicted on count 1 the count charging wilful and unlawful damage and each was sentenced to 1 year imprisonment with hard labour and acquitted and discharged on count 2.
The appellants were dissatisfied and appealed to the High Court. Indeed, oral notice…