G. I. UDOM-AZOGU, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of S. A. Oduntan J. sitting at the Robbery and Firearms Tribunal Abeokuta Ogun State.
At the close of the case of the prosecution and defence he found the accused guilty on a three count charge of conspiracy and armed robbery under the Robbery and Firearms (Special Provisions) Act 1990 punishable under section 1(2)(a) of the Robbery and Firearms (Special Provision) Act 1999 and sentenced him to death by firing squad.
Dissatisfied and aggrieved by the judgment, the accused appealed to the Court of Appeal on three grounds.
The grounds of appeal are reproduced hereunder.
1. The learned trial Judge erred in law in convicting the Appellant of the offence contained in counts 1 and 2 as laid in the charge.
Particulars
(i) The learned trial Judge in his judgment considered the offences in counts I and 2 together.
(ii) The two offences contained in the two counts being distinct and separate offences…