BELLO, JSC (Presiding and Delivering the Leading Judgment): The unfortunate incident which gave rise to this case was the execution of Nasiru Bello, hereinafter referred to as the deceased, by the agents of the Oyo State Government in execution of the sentence of death passed on him by the High Court of Oyo State after it had convicted him of the offence of armed robbery. He had appealed to the then Federal Court of Appeal against the conviction but the execution was carried out before his appeal was heard and determined.
The facts of the case are not in dispute. On 30th October 1980 the High Court sitting at Ibadan convicted the deceased of the offence of armed robbery punishable under section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act 1970 as amended by the Robbery and Firearms (Special Provisions) Act 1974 and the court sentenced him to death. On 12th November 1980, within the time prescribed by law, he filed his notice of appeal against the said conviction in th…