BRETT J.S.C.(delivering the judgment)The appellants were convicted by the Chief Magistrate, Warri, on a charge containing two counts. Their appeals to the High Court were dismissed and they have now appealed to this Court.
The material parts of the charge originally read-
‘1st Count:-That you took without lawful authority 3 ballot boxes which were in the possession of one Henry Edema which ballot boxes were to be used in the Mid-West Region election and thereby committed an offence contrary to section 59 (1) (g) of the Western Nigeria Parliamentary Electoral Regulations, 1960.
2nd Count: That you stole from Henry Edema’ (a number of named articles) ‘and immediately before the time of such stealing did threaten to use actual violence to the said Henry Edema and thereby committed an offence contrary to section 341 of the Criminal Code and punishable under section 342 of the same law.’
The record of the proceedings on the 19th October, 1964 reads-
‘Charges read to the 13 accused persons and e…