MUHAM MAD JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Diai J, sitting at the High Court of Justice, Agbor delivered on 29th October, 2001. The appellants were charged to court on a two count charge of conspiracy to rob and armed robbery punishable under section 1(2)(a) of the Robbery and Firearms (Special Provisions) Decree, 1984 as amended. In the particulars of offence, it was stated that the appellants on or about the 21st day of August, 1996, conspired with one another to commit armed robbery and that on the same date the appellants, while armed with a locally made pistol, robbed one Mrs. Florence Iyamah of the sum of four thousand naira.
At the trial, the prosecution called six witnesses. Each of the appellants testified on his own behalf but did not call any other witnesses, after which both counsel addressed the court. In a reserved judgment, the learned trial Judge found the appellants guilty as charged and sentenced them to death by hanging …