EJEMBI EKO, J.C.A.(Delivering the Leading Judgment): The Appellant and three others were jointly charged and tried at the High court of Bayelsa State (coram: I. Eradiri J) for the offences of criminal conspiracy and arson, respectively punishable under Sections 444 and 371 of the Criminal Code of Bayelsa State. The 1st, 2nd and 3rd accused persons were convicted for the two offences. They were each sentenced, without option of fine, to 4 year imprisonment for criminal conspiracy and 9 years imprisonment for the arson. The two terms were ordered to run concurrently. The three convicts have been in prison since their convictions and sentences on 5th December, 2011.
The 3rd accused/convict appealed his conviction on 9th February, 2012. His subsequent application for bail pending the determination of the appeal was refused.
The 4th accused person, charged and tried jointly with the Appellant, was discharged and acquitted on the two counts of criminal conspiracy and arson. The discharge of…