MAHMUD MOHAMMED, J.C.A. (Delivering the Leading Judgment): The appellant, Fidelis Ubanatu was arraigned before the Chief Magistrates Court, Warri, on a two count charge under section 323 of the Criminal Code CAP 48 of the Laws of the defunct Bendel state now applicable in Delta State of Nigeria. The two counts at page 1 of the record of appeal are as follows:-
"1. That you Fidelis Ubanatu (m) on the 7th day of November, 1992 at Warri in the Warri Magisterial District, knowingly caused one David Maroh (m) of Dowell Schlumberger (Nig.) Limited, P.O. Box 344 Warri to receive a letter threatening to kill him and thereby committed an offence punishable under section 323 of the Criminal Code Cap 48 Vol. 11, Laws of the defunct Bendel State of Nigeria, 1976 as applicable in Delta State.
2. That you, Fidelis Ubanatu (m) on the 10th day of August, 1994 at Warri in the Warri Magisterial District, knowingly caused one David Maroh (m) of Dowell Schlumberger (Nig.) Limited P.O. Box 344, Warri to r…