TOM SHAIBU YAKUBU, J.C.A.(Delivering the Leading Judgment):The appellant along with nine other persons from Oruku Community of Enugu State were alleged to have invaded Umuode Community, in same Enugu State, on 2nd April, 2010 and started shooting sporadically within a disputed Aguefi Land. Consequently, one Ikechukwu Ugwu of Umuode Community was hit by a bullet on his stomach. He was rushed to the hospital and subsequently died as a result of the injury that he had sustained, from the gun shot. Furthermore, the appellant and the same nine persons allegedly, damaged fence walls as well as landed property of some 40 persons in Umuode Community.
In consequence of the above narrative, on the 14th May, 2012, the appellant along with his nine colleagues were charged and arraigned on an amended Information containing the offences of conspiracy, murder, arson, promoting local war and malicious damages, thus:
Count 1:
Conspiracy contrary to Section 494 of Criminal Code Cap 30 vol. II Laws of Enugu State, 2004.
Count II:
Murder contrary to Section 274 of Criminal Code Cap. 30 vol. II Laws of Enugu State, 2004.
Count III:
Promoting local war contrary to Section 86 of the Criminal Code Cap. 30 vol. II Laws of Enugu State, 2004.
Count iv:
Arson contrary to Section 416(a) of the Criminal Code Cap. 30 vol. II Laws of Enugu State, 2004.
Count v:
Malicious damage contrary to Section 415(1) of the Criminal Code Cap. 30, vol. II Laws of Enugu State, 2004.
The trial/prosecution of the appellants, was conducted at the Enugu State High Court of Justice, holden at Enugu. The appellants pleaded not guilty to each of the charges against them. The prosecution and the defendants, called witnesses and thereafter, learned counsel for the prosecution and the defendants, addressed the court. In his judgment, the learned trial Chief Judge of Enugu State, Hon. Justice I. A. Umezulike, OFR, FCI ,Arb, on 5th October, 2015, discharged the appellant, but did not acquit him. The appellant, distraught with the decision of the trial Chief judge, appealed against the said decision, which was anchored on one ground, to wit:
The learned trial Chief Judge erred in law and fact when in the judgment now appealed against it struck out the information and discharged the appellant, but did not acquit him, after a full criminal trial, and this occasioned a gross miscarriage of justice in view of the provision of Section 284 of the Criminal Code Cap. 30 Laws of Enugu State of Nigeria.
Particulars of Error
1. The appellant was arraigned on an amended information dated the 2nd day of May, 2014, of five counts of conspiracy, murder, promoting local war, arson and malicious damage at the Chief Judges Court Enugu State.
2. The prosecution commenced its case on the 14th day of May, 2012 and called twelve (12) witnesses in proof of their case and tendered eleven exhibits (11).
3. The defence called twelve (12) witnesses and tendered twelve (12) exhibits in their defence of the charges against them. Defence closed on the 12th day of June, 2013.
4. The learned trial Chief Judge in its judgment held that the amended information was grossly discredited, faulty and incompetent, and only discharged the accused person, rather than to discharge and acquit him, after having undergone full trial and ought to have determined the case on the merits by availing himself of the provisions of Section 284
…………………….B…………………….
