T. O. ELIAS, C.J.N (Delivering the Leading Judgment): In Suit No. JD/46C/1972, the accused (herein appellant) was charged and convicted in the High Court, Jos, on the following two out of four charges:
"(1) That you Japan Ahangba Iyorliam on or about the 13th day of October, 1971 at Jos within the Benue-Plateau Judicial Division cheated by personation, by knowingly substituting one unknown person for a certain Innocent Chiekezi Ekwerike to the Probate Clerk as the grantee of a letter of administration, and that you thereby committed an offence under Section 321 of the Penal Code, punishable under Section 324 of the same Code.
(2) That you Japan Esaias Ahangba Iyorliam sometime between October and November, 1971 at Jos within the Benue - Plateau Judicial Division cheated the Probate Clerk. Judicial Department, Jos by dishonestly inducing him to deliver to a certain unknown person, Letters of Administration belonging to one Innocent Chiekezi Ekwerike and that you thereby committed an of…