JA'AFARU MIKA'ILU, J.C.A. (Delivering the Leading Judgment): In this case the appellant stood trial before Benue High Court sitting at Makurdi in which judgment was delivered on the 18th day of June, 2009. The appellant and two others (at large) were charged with the offences of criminal conspiracy and mischief by fire under sections 97 and 337 of the Penal Code.
The appellant was convicted on the two counts and sentenced to 5 years imprisonment and N5,000.00 fine for the offence of conspiracy and 5 years imprisonment and N5,000.00 fine for the offence of mischief by fine or two years imprisonment each. Both terms to run concurrently,
The appellant being dissatisfied appealed to this Court on 5 grounds with four issues formulated for determination. On the part of the respondent two issues have been formulated for determination of the appeal.
The issues formulated for determination by the appellant read as follows:-
1. Whether or not the trial Judge was right in convicting the appellan…