JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of Ogun State High Court of Justice, Ijebu-Ode Judicial Division in Charge No – HCJ/19C/2016: BETWEEN – THE STATE V. ADENEYE OLUWAROTIMI delivered on the 4th day of October, 2018 wherein the Appellant/Accused person was convicted for the offences of Conspiracy to commit Armed Robbery and Armed Robbery and was sentenced to death.
Briefly, the facts of the case according to the Prosecution was that on 16/12/2015, the Appellant and one other person boarded the motorcycle of PW1, a commercial motorcyclist from Degun to Imoru. On getting to a corner, the two passengers alighted. The Appellant who was one of the passengers brought out a gun and screw driver.
The PW1 i.e. the motorcyclist was hit with the butt of the gun and stabbed with the screw driver. The PW1 held on to the Appellant and the Appellant fought him and overpowered him. He then raised alarm and passerby came to his rescue.
The…