OGUNBIYI JSC (Delivering the Lead Judgment): This appeal isagainst the judgment of the Court of Appeal, Sokoto Judicial Division, delivered on 6 December 2012, wherein the lower court affirmed the judgment of the trial High Court, Zamfara, which convicted and sentenced the appellant and one other to death by hanging for the offences of conspiracy and armed robbery under section 97 of the Penal Code and section 1(2) of the Robbery and Firearms (Special Provisions) Act, Cap. R 11, Laws of the Federation of Nigeria, 2004.
The appellant was the 2nd accused and he was arraigned alongside the 1st and 3rd accused persons before the trial court on a two-count charge of conspiracy to robbery and armed robbery. There was a 4th accused person named in the charge but he was not produced to stand trial. The prosecution called three witnesses and tendered six exhibits which were admitted as exhibits A, Al, B, B1, C and C1. Exhibits A and A1 are the extra-judicial statements of the appellant. The 1…