AWOGU, J.C.A. (Delivering The Leading Judgment): This is an appeal against the judgment of Desalu J. of the High Court of Lagos dated 17th June, 1981. He found the appellant guilty of the two-count charge of stealing and armed robbery, and sentenced him to seven years IHL (imprisonment with hard labour) for stealing and to death for the armed robbery. Dissatisfied with the judgment, the Appellant appealed against it on the following grounds:
"1.That the learned trial Judge erred in law to have sentenced me to death when the prosecution failed to conduct identification parade before charging me to court for. the offence of robbery.
2.That the learned trial Judge misdirected himself by not giving enough consideration to the evidence given before the Court by the complainant when saying that the Robbers were Four in Number that robbed her on the fateful day. And I was the only accused arraigned before the Court for the malicious prosecution on the case.
3.That the learned trial Judge misdir…