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 32) 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.

At trial, the judge asked the registrar to take the plea of the appellant with the matter adjourned to 30th September, 1981

Later, the charge was amended by an addition of a fresh count to the information. Again the trial judge recorded as follows: Court Registrar take the plea of the accused on the amended charge accused 1st count Plead not guilty 2nd count pleads not guilty.” Thereafter the case proceeded to trial and the appellant was convicted on count one, acquitted on count two and sentenced to death.