ADRIAN CHUKWUEMEKA ORAH, J.C.A. (Delivering the Leading Judgment): On 26th November, 1992, the appellant was convicted in the Katsina-Ala High Court of Benue State by E. Ekpo, J. in charge No. KHC/17C/89 for an offence of mischief by fire contrary to Section 337 of the Penal Code.
The charge read as follows:-
"That you Apav Agbanyi, on or about the 21st day of March, 1989, at Mbagena Kpav, Shitile committed mischief by fire to wit by setting ablaze two thatched houses belonging to one Suega Ande intending to cause the destruction of the buildings ordinarily used for human dwelling and custody of property and thereby committed an offence punishable under Section 337 of the Penal Code".
A.N. Awulu Esq. State Counsel, Ministry of Justice, Katsina-Ala brought an application dated the 29th day of August, 1989 for leave to prefer a charge in the High Court under Section 185(B) of the Criminal Procedure Code. It is stated in the application, that no proceedings under Chapter XVII of the Crim…