EBENEZER
V.
STATE

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal, Ekiti Division delivered on the 14th day of December, 2016 affirming the appellant's conviction and death sentence for armed robbery by the High Court of Ekiti State, Ado Ekiti Division, delivered on the 13th day of June 2014. The appellant and three others were charged before the High Court on a two-count charge of armed robbery contrary to Section 1(2) (a) of the Robbery and Firearms (Special Provisions) Act Cap. R11, Laws of the Federation of Nigeria, 2004. They all pleaded not guilty to the charges. At the trial, the prosecution called three witnesses and tendered the extra-judicial statements of the accused persons as well as photographs taken during an identification parade conducted by the Police at the State Criminal Investigation Department, Ekiti State Command. The appellant was the 3rd accused. His extra-judicial statements were mar…