JAMES S. ABIRIYI, JCA (Delivering the Leading Judgment): This is an appeal against the judgment delivered on 26th March, 2019 in the High Court of Lagos State in the Lagos Judicial Division, holden at Lagos.
In the High Court (the court below), the Appellant and one other accused person were charged with conspiracy to commit armed robbery and armed robbery, offences contrary to Sections 299 and 297 (2) (a) and (b) of the Criminal Law of Lagos State.
The two accused persons initially pleaded not guilty to the charge against them and the matter proceeded to trial. After hearing had commenced, the Appellant applied to the Attorney General of Lagos to be allowed to explore the option of plea bargaining with the state.
The prosecution and the Appellant on the 8th of January, 2019 entered into a “Plea And Sentence Agreement.” The highlight of the plea and sentence agreement was that the Appellant would be charged with the lesser offences of conspiracy to commit robbery and robbery as against t…