MARY UKAEGO PETER-ODILI, J.S.C.(Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal Akure Division or lower Court or Court below, Coram: Mojeed A.Owoade, Mohammed A. Danjuma and James Shehu Abiriyi JCA delivered on 20th day of March 2015 which dismissed the appeal against the judgment of Ondo State High Court sitting in Akure by O. O. Akeredolu J (as he then was) on the 9th of July, 2013 and upheld the conviction and sentence of the appellant to death by hanging.
The background facts of the appeal are set out hereunder, viz:.
SUMMARY OF FACTS
On the 13th day of November 2012, the Appellant was arraigned before an Akure High Court, on a one count charge of armed robbery pursuant to Section 1(2) (a) of the Robbery and Firearms(Special Provisions) Act, Cap. R 11, Vol.14 Laws of the Federation of Nigeria 2OO4.
The Appellant pleaded not guilty to the offence contained in the charge. See page 14 of the Record.
The case thereafter proceeded to trial whe…