REX
V.
GEORGE KITOYE ROBERTS

 KINGDON, C.J., NIGERIA.

In this case the appellant has appealed against his conviction and has been granted leave by this Court to appeal out of time against his sentence.

The appellant was convicted upon three charges of theft and sentenced to fifteen months' I.H.L. on each count, the sentences to run concurrently. In addition he was sentenced under the first count to pay £15 145. compensation to Mrs. Eliza Andrews. It has been argued before us that each charge is merely a variation of the same offence and the Court should therefore have treated the charges as alternative charges, and therefore it was not competent for the Court to find the appellant guilty on each of the several charges; and that as the Court had wrongly treated each charge as a separate charge the appellant was entitled to be acquitted on all three.

This Court agrees that the charges were alternative charges, but does not agree that the appellant is entitled to acquittal on all three.

The convictions on the second and…