Appellant was convicted for robbery and conspiracy to commit robbery, contrary to sections 1(2)(a) and 3A(B) of the Robbery and Firearms (Special provisions) decree.

The information charging him omitted the words “Special provision”, but this was not argued at trial. Upon conviction appellant argued at appeal that his trial/conviction was illegal for being a trial for an offence not known to law and that it was a violation of sections 33(8) and (12) of the 1979 Constitution, which protects the citizen from prosecution for crimes not known to law.

The Court of Appeal dismissed that appeal holding that although there had been a misdescription, it was not a material defect occasioning a miscarriage of justice.

A further appeal came to the Supreme Court