NOSIRU ATTAH V. THE STATE

MOHAMMED, J.S.C. (Delivering the Leading Judgment): The single issue formulated by the learned counsel for the appellant, from the ground of appeal filed in this appeal reads as follows:

"Whether the Court of Appeal was right in holding that the failure to take the plea of the appellant on all the counts which made up the amended charge did not render the whole proceedings null and void."

The appellant was arraigned before Obadina, J., of Lagos High Court on a four-count charge of armed robbery and conspiracy to commit armed robbery, contrary to sections 402(2) (a) and 403A of the Criminal Code Law of Lagos State. At the end of the trial, during addresses, the prosecution was granted leave to add a fifth count. The count was based on being in possession of a thing reasonably suspected of having been stolen, contrary to section 430(1) of the Criminal Code Law. In his judgment, the learned trial judge convicted the appellant of the offences of armed robbery and conspiracy to commit arm…