KUMAI BAYANG AKA'AHS, J.S.C. (Delivering the Leading Judgment): The appellant who was the 1st accused person and three others were convicted by the Oyo State High Court sitting in Ibadan on 28/6/2002 and sentenced to death by hanging on charges of conspiracy to commit armed robbery and armed robbery contrary to sections 5(b) and, 1(2) of the Robbery and Firearms (Special Provisions) Act cap 398 Vol. xxii Laws of the Federation of Nigeria 1990. They appealed to the Court of Appeal, Ibadan Division which was dismissed on 30/3/2011. This is a further appeal from that decision. The Notice of Appeal containing five grounds of appeal was filed on 29/4/2011 from which two issues were formulated namely:-
1. Whether the prosecution proved its case beyond reasonable doubt; and
2. Whether the Court below was not in error when it affirmed the judgment of the Trial Court that the defence of alibi did not avail the appellant.
The respondent also formulated two issues which are similar in content. …