ADEYEMI & ORS.
V.
THE STATE
SIDI DAUDA BAGE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Osidipe J. of the High Court of Justice, Ogun State, Ijebu-Ode judicial division delivered on the 17th July, 2003 in charge No. HOB/20/2000 Adedokun Adedeji Asegbe and 4 Ors. V. The State, in which the learned trial judge convicted and sentenced the accused persons (the three Appellants) to death, for conspiracy to commit armed robbery under Section 5(6) of the Robbery and Firearms (Special Provisions) Act Cap 398 Laws of Nigeria 1990 as amended, and armed robbery under Section 1(2) (a) of the same Act Cap 398 Laws of Nigeria 1990 as amended. The three accused persons/Appellants Isiaka Adeyemi, Tajudeen Lawal, Oluwakemi Aro pleaded not guilty to the charges. The charge at the lower court as contained at page 2 of the Record of Appeal reads as follows:-
COUNT I:
That you Adedokun Adedeji Asegbe (M), Isiaka Adeyemi (M), Tajudeeen Lawal (M) and Oluwakemi Aro (M) on or about the 26th day o…