A. B. WALI, J.S.C. (Delivering the Leading Judgment): The Appellant, Sunday Kajubo was tried by Oshodi, J., of the High Court of Lagos State, Ikeja Judicial Division on a two-count charge of robbery punishable under section 402(2)(a) of the Criminal Code Law, (Cap. 31), Laws of Lagos State. He was found guilty and sentenced to death. His appeal against the conviction and sentence to the Court of Appeal, Lagos Division was also dismissed. He has now further appealed to this Court.
Brief of arguments were filed and exchanged for and against the only ground of appeal in which the competence of the trial was attacked. It reads as follows:
"The trial, conviction and sentence passed on the appellant by the learned trial judge are a nullity because the accused was not arraigned-in accordance with the mandatory provisions of section 215 of the Criminal Procedure Law, Cap 32, Laws of Lagos State."
In the brief of arguments filed on behalf of the appellant, the issue for determination as couch…