G. A. OGUNTADE, J.S.C (Delivering the Leading Judgment): This criminal appeal has a long history. On 25/02/92, the appellants were charged before His Worship Magistrate E.I. Ikponmwonba (Mrs.) of Edo State Judiciary sitting at Benin City. The charge brought against them reads:
"That you Sunny Tongo (m) and Helen Tongo (f) on or about the 16th day of February, 1991 at Plot 88, 2nd Gallick Avenue, Off Siluko road, Benin City in Benin Magisterial District, willfully and unlawfully damaged block wall fence valued ₦2,000.00 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."
Each of the appellants pleaded not guilty to the charge. The hearing of the case commenced on 25/05/92. The prosecution called four witnesses after which the appellants' counsel Mr. A.N.A. Igbinovia made a no case submission on 31/8/92. On 22/9/92, the learned Magistrate in her ruling overruled…