M. BELLO, J.S.C. (Delivering the Leading Judgment): We allowed this appeal on 22nd September, 1977, set aside the conviction and sentence of the appellant and ordered that he should be acquitted and discharged. We further ordered that the fine of N400.00, if paid, should be refunded to him. We now state our reasons for allowing the appeal.
The charge upon which the High Court of the Midwestern State, now Bendel State, sitting at Benin City convicted the appellant and sentenced him to 18 months imprisonment or a fine of N400, reads as follows: -
"STATEMENT OF OFFENCE
Obtaining money by false pretences punishable under Section 359 of the Criminal Code, Cap. 28, Volume I, Laws of the Western State of Nigeria, 1959, applicable in the Midwestern State of Nigeria.
PARTICULARS OF OFFENCE
Benjamin Thomas Opolo (m) between the months of February 1967 and October 1970 at Benin City in the Benin Judicial Division, with intent to defraud, obtained the sum of N3,276:49k (pound)1,638:4:11(shillings…