DENTON-WEST JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the Hon. Justice I.B. Garuba, delivered on 14 October 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 the 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.
The two count charges read thus:
First charge :
That you, Olashehu Salawu and five others at large on or about 8 May 2007, at 2Adeta round-about inIlorin, Kwara State withinthe jurisdiction of this honourable court, conspired to commit a criminal offence, to wit Rob one Mr. Suleiman Alafara while armed with dangerous weapon at Adeta round-about,Ilorin, and you thereby committed anoffence contraryto section 97 of the Penal Code.
Second charge:
That you, Olashehu Salawu and five others at large on or about 8 May 2007 …