A. FATAYI-WILLIAMS, JSC (Delivering the Leading Judgment): In the Magistrate's Court of the Midwestern State (now Bendel State) sitting at Ekpoma, the accused (now appellant) and one Comfort Okojie were charged with the offence of removing evidence contrary to Section 107 of the Criminal Code of Western Nigeria applicable in the Bendel State. The particulars of the offence read:
"That you Henry Umoera and Comfort Okojie on the 3rd day of April, 1975, at Police Station Ekpoma in the Ekpoma Magisterial District with other persons unknown wilfully removed four drums of petrol with intent to prevent them from being used in evidence knowing the four drums of petrol will be required in evidence in a judicial proceeding by removing them forcibly from the Police Exhibit Room Ekpoma and thereby committed an offence punishable under Section 107 of the Criminal Code (Cap.28 Vol. 1 of the Laws of Western Nigeria) applicable in the Mid-Western Nigeria."
(The underlining is ours).
The facts on whic…