UWANI MUSA ABBA AJI, JSC (DELIVERING THE LEADING JUDGMENT): This appeal is against the judgment of the Court of Appeal, Ekiti Judicial Division, delivered on 20/2/2015, which affirmed part of the judgment of the High Court of Ekiti State, which convicted and sentenced the Appellant to 5 years imprisonment for house breaking and life imprisonment for attempted robbery, contained in the Charge dated 24/11/2010 at page 9-10 of the record as follows:
COUNT ONE:
That you, Alabi Tope (M), on or about 7th day of April, 2010 at about 1:00 am at No. 10 Bolorunduro Street, off Nova Road, Ado-Ekiti in the Ado Judicial Division, broke into the house of one Mrs Ademilua Risikat with intent to commit felony to wit stealing and thereby committed an offence contrary to Section 411(1) of the Criminal Code Act, Cap C38 Vol.4, Laws of the Federation of Nigeria, 2004,
COUNT TWO:
That you, Alabi Tope (M), on or about 7th day of April, 2010 at about 1:00 am at No. 10 Bolorunduro Street, off Nova Road, Ado-Ekit…