NWALI SYLVESTER NGWUTA, J.C.A (Delivering the Leading Judgment): The respondents were tried on information containing only one count which charged them with conspiracy to commit murder punishable under section 324 of the criminal Code Cap 48 Vol.11 Laws of Bendel State of Nigeria 1976 applicable in Edo State. They were tried in the High Court of Edo State, Auchi Judicial Division. Each respondent was discharged and acquitted.
Aggrieved, the State appealed to the Court on four grounds, reproduced hereunder, shorn of their particulars:
"GROUND ONE
The learned trial judge erred in law and thereby came to a wrong decision when without considering the evidence led by the prosecution against the accused persons, he discharged and acquitted them on the Court of conspiracy to commit murder.
GROUND TWO
The learned trial judge erred in law and thereby came to a wrong decision when he failed to consider in his judgment evidence led by the 2nd accuses person [YUSUF ABDULKADIRI ALIAS BOTOKO ALI].
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