S. O. UWAIFO, JSC (Delivering the Leading Judgment): The appellant was arraigned on a two-count charge at the Ogun State Robbery and Firearms Tribunal under the Robbery and Firearms (Special Provisions) Act (Cap.398) Laws of the Federation of Nigeria 1990 (the Act). The first count was conspiracy to commit armed robbery contrary to section 5(b) while the second count was armed robbery contrary to section 1(2)(a) of the Act. On 14 January, 2000, upon the evidence before the tribunal, Oduntan, J. who presided found the appellant guilty on both counts. He convicted him on each and accordingly sentenced him to death by firing squad. The Court of Appeal, Ibadan Division, allowed the appeal against those convictions and the sentence and substituted for the convictions, conspiracy to commit robbery and attempted robbery. I shall refer later to the matter of the sentences awarded.
The appellant has now appealed against those convictions to this court and has set down the following two issues…