OBASEKI, J.S.C. (Presiding): This appeal is totally devoid of merit and must be dismissed. Learned counsel for the appellant withdrew the original and omnibus ground of appeal and it was struck out. He was left with the ground filed with leave of this Court which reads:
''The Honourable Court of Appeal erred in law and misdirected itself when it affirmed the following passage page 78 thus:
'It was a case of conspiracy to steal and false pretence. There is no merit in the appeal which is accordingly dismissed. The conviction and sentence shall remain.' "
But learned counsel went on to submit that he was not challenging the merit of the case.
In my view, that concession totally destroyed the ground of appeal. Counsel's further concession that he is not supporting the plea of autrefois convict which was raised in the High Court in my view disentitles learned counsel of his right to argue the plea of double jeopardy before us. Section 33(9) of the Constitution of the Federal Republic of …