KEKERE-EKUN JSC (Delivering the Lead Judgment): This is anappeal against the judgment of the Court of Appeal, Abuja Division (the lower court) delivered on 11 July 2008, affirming the judgment of the High Court of Niger State, sitting at Minna (the trial court) delivered on 19 July 2005, convicting and sentencing the appellant to death for conspiracy to commit armed robbery and armed robbery.
The appellant was initially charged before the trial court along with seven others with the offence of armed robbery punishable under section 1(2) of the Robbery and Firearms (Special Provisions) Decree of 1984. The charge was later amended and the accused persons were charged with criminal conspiracy and culpable homicide punishable with death, contrary to sections 97(1) and 221(b) of the Penal Code respectively. Subsequently, the prosecution withdrew the charges against the then 5th accused, having died in prison while awaiting trial. It also obtained leave to stay the proceedings against the …