ADAMU JAURO, JSC. (Delivering the Leading Judgment): The appeal herein is against the judgment of the Court of Appeal, Ibadan Division which affirmed the judgment of the High Court of Ogun State wherein the Appellant was found guilty for the offences of conspiracy to commit armed robbery and armed robbery and sentenced to death by hanging.
BRIEF FACTS OF THE CASE
The Appellant was tried on a two-count charge which read thus:
"COUNT I
STATEMENT OF OFFENCE
Conspiracy to commit Armed Robbery, contrary to Section 6(b) and punishable under Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act Cap R. 11 Laws of the Federation of Nigeria, 2004.
PARTICULARS OF OFFENCE
AKEEM SANUSI (M) and another person still at large on or about the 5th September, 2008 at Dada Asaila Junction in Elejigbo in the Ota Judicial Division conspired to commit Armed Robbery.
COUNT II
STATEMENT OF OFFENCE
Armed Robbery contrary to Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act Cap R. 11 Law…