NWEZE JSC (Delivering the Lead Judgment): The appellant in this appeal (as the accused person); one Kwame Wisdom, and others at large, were arraigned at the High Court of Justice of Ogun State. The five counts of the charges laid against them for the offences of conspiracy to commit felony to wit: armed robbery and armed robbery of Akeem Kutelu, Isikilu Jimoh and Felix Nchem. They pleaded not guilty. In their spirited attempt to prove the offences as charged, the respondent called four (4) witnesses. Only the appellant and Kwame Wisdom testified in their respective defences. In its judgement of 2 April 2009, the court (hereinafter referred to as “the trial court”) convicted and sentenced the appellant and Kwame Wisdom to death by hanging.
Their appeal to the Court of Appeal (hereinafter simply called “the lower court”) having been dismissed, the appellant approached this court, via his notice of appeal, from which he distilled two (2) issues for the resolution of his complaint agai…