AKA’AHS JSC (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal, Ibadan Division (hereinafter referred to as the court below) delivered on 12 April 2011 which upheld the decision of the trial court for armed robbery.
The appellant and two others namely Abubakar Mohammed and Idowu Shittu were arraigned before the Ogun State High Court, Ota Judicial Division on a six count charge of conspiracy to commit armed robbery and armed robbery contrary to sections 5(b) and 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, 1990 (as amended) by the Tribunal (Certain Consequential Amendments etc) Act, 1990. The appellant pleaded not guilty to the charge. The prosecution called 7 (seven) witnesses to prove its case and each of the accused persons testified in his defence. At the end of the trial, the 1st accused and the appellant (who was the 2nd accused) were convicted and sentenced to death while the 3rd accused was discharged and acquitted. I…