F. F. TABAI, JSC (Delivering the Leading Judgment): At the High Court of Lagos State, the appellant was tried and convicted on a three count charge of armed robbery under section 402(2)(a) of the Criminal Code Law of Lagos State and was sentenced to death by firing squad or by hanging. The judgment of the High Court was on the 26th of July 1985. The trial Judge was Honourable Justice I. O. Agoro. The offence was alleged to have been committed on the 14th of November, 1981.
Dissatisfied, the appellant appealed to the Court of Appeal. By its judgment of the 28th November, 2003, the appeal was dismissed. He has come on further appeal to this court. The parties, through their counsel, have filed and exchanged their briefs of argument. The appellant's brief was prepared by Norrison I. Quakers of Olisa Agbakoba and Associates. That of the respondent was prepared by Mrs. Olaide Olayinka, Solicitor-General Lagos State. In the appellant's brief of argument four issues were formulated for dete…