A. N. ANIAGOLU, J.S.C. (Delivering the Leading Judgment): On 4th December 1980, this court allowed this appeal, sent the case back to the Federal Court of Appeal for re-hearing and reserved the reasons for the order to a later date. I now give reasons for allowing the appeal.
The two appellants were convicted and sentenced to death by the Robbery and Firearms Tribunal, Bendel State of Nigeria, composed of three members under the chairmanship of Akpata, J., on 27th April 1977, pursuant to S. 1(2)(a) of the Robbery and Firearms (Special Provisions) Decree No. 47 of 1970, on a charge the particulars of which read:
"That you Edwin Johnson alias Sofa Boy (m) and Andrew Akpojofor alias Ohili on or about the 10th day of April, 1976 at Warri in the Bendel State of Nigeria robbed one Samuel Neyin (m) of one Television Set, one Standing Fan, one Stereo 2 in one, three pairs of shoes and one table clock, one wrist watch, N11 in cash and at the time of the robbery, you were armed with a gun and o…