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"That you Abubakar Tijani Shehu on or about the 20th day of November, 2002 in the Upper Area Court Ebogogo in Okene Local Government Area of Kogi Stale in the Kogi State Judicial Division committed mischief by fire, to wit: you entered the Chambers of the President of the Upper Area Court Ebogogo and set it and the files therein on fire intending to cause destruction of the building and the ease files and you thereby committed an offence punishable under Section 337 of the Penal Code."
The Appellant pleaded not guilty. Five (5) witnesses testified for the prosecution while the Appellant and his wife, testified after his learned Counsel's No ease submission, was overruled. Both in his statement to the police after his arrest and in his evidence in Court, he relied on the defence of Alibi. I note that the learned trial Court refused to admit his said statement to the police on 30th November, 2002, on the ground that the learned Prosecuting Counsel who tendered the Statement, did not comply with the provisions of Section 199 of the Evidence Act, 1990. At the conclusion of the defence and addresses by the learned Counsel for the parties, as noted earlier in this judgment, the learned trial Judge in his considered judgment found the Appellant guilty and convicted and sentenced him. His appeal to the Court below, was dismissed hence the instant appeal.
