IDOWU MAKANJUOLA
V.
THE STATE

IBRAHIM MOHAMMED MUSA SAULAWA, J.S.C. (Delivering the Leading Judgment): The present appeal has emanated from the judgment of the Court of Appeal, Ilorin Judicial Division, delivered on May 18, 2018 in appeal NG. CA/IL/C.19/2017. By the judgment in question, the Court below, Coram C. N. Uwa, K. A. Barka, and B. M. Ugo, JJCA affirmed the conviction and sentence (to death) of the Appellant by the trial High Court of Kwara State.

Dissatisfied with the said conviction and sentence passed thereupon, the Appellant appealed to the Court below. By the vexed judgment thereof, the Court below came to the following conclusion:

In the present appeal, there is nothing on record to show that the appellant had a license to possess the gun he was found in possession of and I had held that the gun falls within the definition of "firearm" under the Robbery and Firearms (Special Provisions) Act. The three ingredients stated above were established. Therefore, the conditions under the Act were met. The Appe…