MONICA BOLNAAN DONGBAN-MENSEM, J.C.A. (Delivering the Leading Judgment): This appeal challenges the decision of the Ogun State High Court delivered on the 5th November, 2013 in which the Appellant was convicted and sentenced to death by hanging for Armed Robbery. The offence is punishable under Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act (Cap R.11) Laws of the Federation of Nigeria 2004.
The Appellant was arraigned as a 2nd Accused person along with one other person by the name of Olegbeye Abiodun on the 21st day of March, 2012. They each pleaded not guilty to the two counts of charge of conspiracy to commit Armed Robbery and Armed Robbery contrary to Sections 6(b) and 1(2)(a) of the Robbery and Firearms (Special Provisions) Act (Refer page 20 of the records transmitted to this Court on the 13th December, 2013, henceforth to be simply referred to as the records).
At the end of the proceedings which had four Prosecution witnesses and two defence witnesses being e…