KEKERE-EKUN JSC (Delivering the Lead Judgment): This appeal is against the judgment of the Court of Appeal,Akure Division delivered on 25 June 2014, affirming the judgment of the High Court of Justice, Ondo State delivered on 2 November 2010, sentencing the appellant to death for conspiracy and armed robbery.
On 15 December 2006, the appellant was arraigned before the trial court with two others on a two-count charge of conspiracy to commit armed robbery and armed robbery contrary to sections 5(b) and 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Cap. 398, Vol. XXII, Laws of the Federation of Nigeria, 1990. It was alleged that at about 9:00p.m. on or about 11 December 2003 at NAO supermarket situate at No.126, Oba
Adesida Road, Akure, Ondo State, the appellant, one Shina Akinrinlola and one Okolie Chimezie, while armed with guns and dangerous weapons robbed one Ndubuisi Agachi, the director of the supermarket of valuable properties and cash valued at about N440,000.00 …