Judgment
UZO IFEYINWA NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Kwara State delivered on 10th February, 2021 by I. A. YUSUF, J. The brief facts of this case is that the Appellant with seven (7) others on the night of 27th April, 2018, breached the peace and attacked people coming back from the market and other places. They were plenty in number that attacked people destroying motorcycles and vehicles. A report by one of the victims to the Police alerted the Police who swung into action.
Peace was restored to the vicinity and arrests were made. After the investigations, eight (8) people were arrested and arraigned in Court on a Four (4) Count Charge. After, the Prosecution closed its case, the Defendants made a no case submission. This was overruled and the Accused Persons were made to enter their defence. After which, the Counsel on both sides filed and adopted their Written Addresses. The learned trial Judge thereafter, delivered his considered judgment convicting and sentencing seven (7) of the eight (8) Accused Persons.
The Appellant was irked by this judgment hence, this appeal. The Appellant filed his Notice of Appeal with Four (4) Grounds of Appeal on 10th March, 2021. The Appellant’s Brief of Argument was filed on 25th October, 2021 and deemed properly filed and served on 1st December, 2021. The Appellant’s Reply Brief was filed on 14th January, 2022. Counsel adopted both Briefs. The Appellant articulated three (3) Issues for determination in its Brief. It is as follows:- “1.
Whether the trial Judge was right to have convicted and sentenced the appellant for the offence of causing hurt by act endangering life of personal safety of others contrary to Section 253 (1) of the Penal Code Law notwithstanding the dearth of evidence to that effect. (GROUND 1). 2. Whether the headlamp of motorcycles could suffice as means of identifying the appellant by the prosecution witnesses on the night of 27th April, 2018 between the hours of 8.30pm and 9.00pm at the scene of the crime notwithstanding the absence of lighting in the feat of being attacked. (GROUND 2). 3.
Whether the trial Judge was right to have inputted that the appellant attacked PW1, PW2, PW6 and PW7 reprisally in the absence of evidence to that effect. (GROUND 3)”. The Respondent’s Brief was filed on 31st December, 2021 and it articulated three (3) Issues for determination. They are as follows:- i. Whether the trial Judge was right to have convicted and sentenced the Appellant for the offence of causing hurts by act endangering life or personal safety of others contrary to Section 253 (1) of the Penal Code Law. (GROUND 1). ii.
