OBADINA, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the judgment of the High Court of Benue State sitting in Makurdi, presided over by Honourable Justice T.U.F Puusu. The appellants were charged with the offences of conspiracy to commit rape, rape and abatement of rape, punishable under sections 97, 85 and 283 of the Penal Code respectively.
The charge against the appellants reads as follows:
"FIRST COUNT
That you Na'an Upahar 'M' and Aondongu Annyarev 'M' on or about the 2nd day of August, 1994 at Mbanyom Village in Gwer Local Government Area within jurisdiction agreed to do an illegal act, to wit commit rape on one Miss Ushitile Tyoshar 'F' and the same act was done in pursuance of the agreement and you thereby committed an offence punishable under section 97 of the Penal Code.
SECOND COUNT
That you Na'an Upahar 'M' on or about the 2nd day of August, 1994 at Mbanyom in Gwer Local Government Area within jurisdiction committed rape on one Miss Ushitile Tyosha…