THE STATE V. FEMI OLADOTUN

A. M. MUKHTAR, JSC (Delivering the Leading Judgment): This is an appeal against the decision of the Ilorin Division of the Court of Appeal allowing the appeal of the accused/respondent and quashing his conviction by the High Court of Justice of Kwara State. On 3/11/2008, an amended charge was read to the accused/respondent. The amended charge reads as follows:-

"That you, Femi Oladotun, and others now at large on or about the 2nd day of May, 2006 at about 1210 hours at Baboko area, Ilorin within the jurisdiction of this court was found to be in illegal possession of a foreign made double barrel cut to size gun and nine live cartridges and you thereby committed an offence contrary to Section 3(1) of the Robbery and Firearms (Special Provisions) Act Cap R 11, 2004."

The accused said he understood same and pleaded not guilty to the charge. There was originally a charge that was read to the accused on 24/7/2008, but it was later amended to the above charge, with the leave of the court. Wi…