TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment): The appellant was on 4th June, 2012 convicted and sentenced to death by hanging for the offence of conspiracy to commit armed robbery and armed robbery punishable under Section 1(2) (a) of the Robbery and Firearm (Special Provisions) Act, Cap R. 11 Vol. 14 Laws of the Federation of Nigeria, 2004; at the Delta State High Court of Justice, holden at Ozoro.
The appellant along with some other persons at large were said to have robbed one Omoviye Martins of his Teebro handset, two Nokia handsets, a Tiger Generating set and the sum of twenty three thousand naira (N23,000.00) only while armed with a gun along the Ozoro/Kwale Express Road, Ozoro on 19th May, 2009.
Furthermore, the appellant was alleged to have robbed one Glory Ofuvie of her motor cycle, a Nokia handset, a D.V.D. machine and the sum of N3,000.00 while armed with a gun along the same Ozoro/Kwale Express Road, Ozoro on same 19th May, 2009.
The Prosecution called five …