AKAAHS, J.C.A. (Delivering the Leading Judgment): The appellants were arraigned before the Senior Magistrate's Court Benin City presided over by a Senior Magistrate Grade I in a one count charge No. MB/710c/92 for the following offence namely:-
"That you Sonny Tongo (m) Helen Tongo (f) on or about the 16th day of February, 1991 at Plot 88, 2nd Garrick Avenue, off Siluko Road Benin City in Benin Magisterial District, wilfully and unlawfully damaged block wall fence valued N2,000.00 property of Madam Ehisiemwen Odiase (f) and thereby committed an offence punishable under Section 451 of the Criminal Code Cap. 48 Vol. 2 Laws of Bendel State of Nigeria, 1976"
The complainant and three other witnesses testified and were cross-examined.
At the close of the Prosecution's case, Learned Counsel for the accused made a no case submission which was overruled on 22/9/92 and the case was adjourned to 22/10/92 for defence. The accused/appellants appealed against the ruling to the High Court which di…