ABUBAKAR SADIQ UMAR, J.S.C. (Delivering the Lead Judgment): This appeal is against the judgment of the Court of Appeal, Ibadan Judicial Division, wherein the Court dismissed the Appellant's appeal against the judgment of the High Court of Ogun State which found the Appellant guilty of conspiracy to commit armed robbery and armed robbery punishable with death and sentenced him to death by hanging.
BRIEF STATEMENT OF FACTS
The two-count charge upon which the Appellant was tried at the trial Court are as follows:
“Count I”
STATEMENT OF OFFENCE
CONSPIRACY TO COMMIT ARMED ROBBERY, contrary to Section 6(b) and punishable under Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Cap R.11 Laws of Federation of Nigeria 2004.
PARTICULARS OF OFFENCE
“AZEEZ AMAO ALAYANDE (M) and another now at large, on or about 2nd day of November, 2011 along Ire Akari Estate, off Ilogbo Road, Oju-Ore in the Ota Judicial Division conspired together to commit a felony to wit: Armed Robbery.
“Count II”
ST…