KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Abuja Division (the lower court) delivered on 11/7/2008 affirming the judgment of the High Court of Niger State, sitting at Minna (the trial court) delivered on 19/7/2005 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 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 t…