IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment): This appeal challenges the conviction and death sentence imposed on the Appellant by Honourable Justice Kayode Bamishile then sitting at the Ekiti State High Court, Ado- Ekiti and before whom the appellant was arraigned along with four others on a two count charge of conspiracy and armed robbery contrary to section 5(b) and punishable under section 1(2) (a) of the Armed Robbery and Fire Arms (Special Provisions) Act, Vol. XXII, Cap. 398, Laws of the Federation, 1990; for that on or about the 28th day of July, 1996, he and his co-accused persons robbed one Sunday Onomejoh of the sum of N300,000.00 (Three Hundred Thousand Naira) while armed with offensive weapons to wit: guns. The said judgment was delivered on the 18th day of June, 2002. The Appellant had earlier pleaded not guilty on the 25th of April, 2001 when he was so arraigned.
To prove its case, the prosecution called three witnesses and tendered the statement of the…