SOTONYE DENTON-WEST, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Hon. Justice I. B. Garuba, delivered on 14/10/2008, sentencing the Accused/Applicant to six months imprisonment for conspiracy to commit an offence, contrary to Section 97 of the Penal Code and Death by hanging for offence of Armed Robbery, contrary to Section 1(2) of the Armed Robbery and Firearms (Special Provisions) Act CAP R11, Laws of the Federation of Nigeria, 2004.
First Charge:-
That you, OLASHEHU SALAWU and five others at large on or about 08/05/2007, at 2 Adeta Round-About in Ilorin, Kwara State within the Jurisdiction of this Honourable Court' conspired to commit a criminal offence, to wit Rob one Mr. Suleman Alafara while armed with dangerous weapon at Adeta Roundabout, Ilorin, and you thereby committed an offence contrary to Section 97 of the Penal Code.
Second Charge
That you, OLASHEHU SALAWU and five others at large on or about 08/05/2007 at Adeta Round-about in…