STANLEY SHENKO ALAGOA, JCA (Delivering the Leading Judgment): The Appellants as 1st and 2nd accused persons and anor were at the High Court Ibadan in Charge No. RFT/3/98 arraigned, tried, convicted and sentenced to death on a two count charge of (1) Conspiracy to commit armed robbery contrary to section 5(b) and punishable under section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act 1990. (2) Attempted armed robbery contrary to and punishable under section 2(2)(a) of the Robbery and Fire-arms (Special Provisions) Act Cap 398 of the Laws of the Federation of Nigeria 1990.
The case for the prosecution was that on the 29th December, 1996 at about 8 p.m., PW2 by name Abudu Alao was in his father's beer shop when three young men on a white vespa motorcycle came to the shop. While the rider of the vespa motorcycle remained on the motorcycle outside, the two others entered the shop in pretence of being customers who wanted to purchase stout. One of the men suddenly produced a g…