MAHMUD MOHAMMED, J.S.C. (Delivering the Leading Judgement): This is an Appeal against the judgment of the Court of Appeal Ibadan delivered on 19th April, 2004 affirming the conviction and sentence of death on the Appellant by the Oyo State High Court sitting at Ibadan of the offence of armed robbery.
The Appellant and another co-accused person were arraigned and tried by the trial High Court on one count information for armed robbery. In the course of the trial, the prosecution called five witnesses in support of the charge while the Appellant testified in support of his own defence. In his judgment which was delivered on 23rd January, 2002, after appraising the evidence adduced by the prosecution and the defence put up by the Appellant and his co-accused, the learned trial Judge found the Appellant guilty of the offence of armed robbery and convicted him. He was sentenced to death in accordance with the law while the co-accused of the Appellant was discharged and acquitted. The Appel…