The Appellant herein and one Kuroakegha Femowei, were charged before the Bayelsa State High Court, for the offences of Conspiracy and Armed Robbery.
At the close of trial, they were found guilty for lesser offences of Conspiracy to commit Robbery and Robbery and sentenced to twenty-one (21) years imprisonment.
The Appellant was dissatisfied with his conviction and sentence and appealed to the Court of Appeal. The crux of his appeal at the Court was that the trial Court was in error to have convicted him for a lesser offence, when there is no provision under the Robbery and Firearms (Special Provisions) Act, CAP R11, LFN 2004, to do so.
The Court of Appeal in its judgment affirmed the judgment of the trial Court, and dismissed the appeal. The Appellant, further aggrieved by the judgment of the Court of Appeal, appealed to the Supreme Court.