KEHINDE AJUMOBI V. THE STATE

KUMAI BAYANG AKA'AHS, J.S.C. (Delivering the Leading Judgment): The appellant and Raheem Ayinde were arraigned before the Kwara State High Court, llorin Division in charge No. KWS/36C/2010 for Criminal Conspiracy and Robbery contrary to Sections 97 of the Penal Code and Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act Cap R. 11 Laws of the Federation of Nigeria 2004. The charge contained six counts; count 1 was for conspiracy while the remaining five counts were for armed robbery. The learned trial Judge found that the prosecution proved the ingredients of the offence of armed robbery against the accused and convicted them accordingly. He thereafter sentenced each of them to 14 years imprisonment without an option of fine and did not specify the count on which the sentence was based.

The appellants appealed separately against the judgment of the trial Court to the Court of Appeal, Ilorin Division complaining against the non specification of the counts on which the t…