COMMISSIONER OF POLICE MID-WESTERN STATE OF NIGERIA V.STEPHEN ORUWARE

T. O. ELIAS, C.J.N. (Delivering the Leading Judgment): The appellant in this case was originally charged in BOM/173/71 as follows:

"FIRST COUNT: That you Stephen Oruware (m) during the month of June 1971 at Burutu in the Bomade Magisterial District unlawfully supplied to one Rita Okonedo ( some quantity of "Apiol and Steel Pills" knowing that they were intended to be unlawfully used to procure her miscarriage and thereby committed an offence punishable under Section 173 of the Criminal Code Cap. 28 Vol. I, Laws of Western State of Nigeria 1959, applicable in the Mid-western State of Nigeria.

"SECOND COUNT: That you Stephen Oruware (m) on the 19th day of October, 1971 at Burutu in the Bomadi Magisterial District did possess Poison to wit; Some quantity of Ladies Occasional Pills", with the intent that they shall be used for an illegal purpose and thereby committed an offence, punishable under Section 277 of the Criminal Code Cap. 28 Vol. I, Laws of Western State of Nigeria 1959, applic…