COKER, J.S.C. (Delivering the Leading Judgment): On the 20th September, 1984, this appeal was dismissed after hearing Mr. Agbaje, learned counsel for the appellant, who elaborately expatiated on his brief; and after hearing Mr. Bello, Principal State Counsel, Ogun State, who defended the judgments of the two lower courts. As indicated on that day, I now give my reasons for doing so.
The appellant was convicted and sentenced to death for the offence of armed robbery punishable under section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, No.47 of 1970. The trial took place at Abeokuta in the Ogun State High Court. His appeal to the Court of Appeal was unanimously dismissed by the three justices of the Court of Appeal.
The main crush in the four grounds of appeal may be summarised under two headings:
1. Alleged inconsistencies and contradictions in the statements of the two star witnesses to the police with their testimony in court. The two witnesses were the 4th and 5th …