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It appears that ten (10) witnesses testified for the prosecution. They were dully cross-examined and re-examined. The prosecution also tendered 20 Exhibits. The 1st defendant Chief Olabode George testified for the defense and tendered nine (9) Exhibits.
Learned counsel for both the prosecution and defence addressed the High Court. After the conclusion of the counsel addresses in a reserved judgment Hon. Justice J. O. K Oyewole delivered his judgment on 26th day of October 2009. The trial court found that some of the counts were not proved against the appellant and other accused persons and acquitted and discharged the appellant. However the trial court found that some of the charges were proved by the prosecution and found the appellant guilty. The appellant was convicted for those charges proved and sentenced accordingly.
On page 1736 of volume 5 of the record of proceedings the learned trial judge state thus:-
"In totality therefore, l find each of the defendants not guilty on counts 1, 2, 3, 4, 5, 6, 7, 13, 14, 17, 18, 30, 31, 45, 47, 48, 58, 62, 63, 66 and 68, respectively and I hereby discharge and acquit each of them on each of those counts. While I find each of the defendants guilty as charged on each of count 8, 9,10,11,12, 15, 16, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 32, 33, 34, 35, 36, 37, 38, 39, 40 41, 42, 43, 44, 45, 46, 49, 50, 51, 52, 53, 54, 55, 56, 57, 59, 60, 61, 64, 65 and 67 respectively and I hereby convict each one of them of the said counts respectively".
Aggrieved by the decision of the trial High Court the Appellant herein with others unsuccessfully appealed to the Court of Appeal Lagos Division herein after referred to as court below. The Appellant herein, Engineer Sule Aliyu, filed a Notice of Appeal containing nine grounds of appeal.The court below was full of praises for the learned trial Judge for doing an excellent job. On page 95 - 96 the court below in affirming the trial court's decision and dismissing the appellant's appeal
