I. LEWIS, JSC. (Delivering the Leading Judgment): In Charge No. U/lOC/70 in the High Court at Ubiaja, the information against the accused read:
"At the Sessions Holden at Ubiaja on the 14th day of September, 1970, the court is informed by the Director of Public Prosecutions of the Midwestern State of Nigeria on
behalf of the State that Uwadiale Arebamen (m) is charged with the following offences:
STATEMENT OF OFFENCE 1ST COUNT
Arson, contrary to Section 38(a) of the Criminal Code Cap. 28 Vo1. I Laws of the Western State of Nigeria, 1959, applicable in the Midwestern State of Nigeria.
PARTICULARS OF OFFENCE
UWADIALE AREBAMEN (M) on the 5th day of March, 1970, at Ukpaja village Ubiaja, in the Ubiaja Judicial Division wilfully and unlawfully set fire to the building of Atupele Imhenen (m).
STATEMENT OF OFFENCE 2ND COUNT
Arson, contrary to Section 382(a), of the Criminal Code, Cap. 28 Vol. I, Laws of the Western State of Nigeria, 1959, applicable in the Midwestern State of Nigeria.