Orngu Abo V. The State (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

KUDIRAT M.O. KEKERE-EKUN, J.C.A (Delivering the Leading Judgment)

The appellant herein along with 2nd, 3rd, & 4th original appellants now deceased and others at large were charged before the High Court of Benue State sitting at Vandeikya on a three-count charge as follows:

Count 1

That you Orngo Abo, Yohol Aku, Ikyenge Ugbanem, Songo Vembe, Ayagwu Aku, Kunde Jor, Aonduna Kunde, Terkule Yohol, Terumbur Songu and Bem Songu all males on or about the 2rd of April 1997 at Mhambe Gasav Village Konshisha Local Government Area of Benue state within the jurisdiction of this Honourable court agreed to do illegal acts to wit: To trespass into the compound of Dekpugh Ikwakaa set fire on his dwelling house and burn down his property and the same acts were done in pursuant of the agreement and you thereby committed an offence punishable under Section 97 of the Penal Code.

Count 2

That you Orngo Abo, Yohol Aku, Ikyenge Ugbanem, Songo Vembe, Ayagwu Aku, Kunde Jor, Aonduna Kunde, Terkule Yohol, Terumbur Songu and Bem Songu all males on or about the 23rd of April 1997 at Mhambe Gasav Village Konshisha Local Government Area of Benue State you committed criminal trespass by entering into the compound and dwelling houses then in possession of Dekpugh Ikwakaa cultivated the compound and set the house including his property ablaze and thereby committed an offence punishable under section 348 of the Penal Code.

Count 3

That you Orngo Abo, Yohol Aku, Ikyenge Ugbanem, Songo Vembe, Ayagwu Aku, Kunde Jor, Aonduna Kunde, Terkule Yohol, Terumbur Songu and Bem Songu all males on or about the 23rd of April 1997 at Mhambe Gasav Village Konshisha Local Government Area of Benue State within the jurisdiction of this Honourable Court committed mischief by fire to wit: you set fire on and burnt down his dwelling houses and property of Dekpugh Ikwakaa intending to cause the destruction of buildings which were ordinarily used as places in custody of property and human dwelling and you thereby committed an offence punishable under Section 337 of the Penal Code.

From the record of proceedings, only Orngo Abo, Yohol Aku, Ikyenge Ugbanem, Songo Vembe and Ayagwu Aku, the 1st – 5th accused persons were actually arraigned before the lower Court on 17/6/2002. They each pleaded Not Guilty to each of the three counts of the charge. To prove its case the prosecution called four witnesses. At the close of the prosecution’s case a no case submission was made on behalf of the appellants. It was overruled on 21/5/03 and the appellants were called upon for their defence. On the same 21/5/03 the court was informed of the death of the 2nd accused, Yohol Aku. His name was accordingly struck out. The remaining accused persons now numbered 1st – 4th accused each testified on their own behalf and called three other witnesses. Thereafter learned counsel for both parties addressed the court. In a considered judgment delivered on 23/9/03 the learned trial Judge found each of the accused persons guilty on each of the three counts.

They were convicted and sentenced as follows:

Count 1: Two months imprisonment or a fine of N1, 000.00 (One thousand Naira).

Count 2: A fine of N100 or two months imprisonment.

Count 3: Three months imprisonment in addition to a fine of N2, 000.00 each. In the event of failure or inability to pay the fine imposed under this count, after the completion of the three months prison term, a further three months as an option.

The sentences were to run concurrently.