MUSA DATTITO MUHAMMAD, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal Sitting at Ibadan, hereinafter referred to as the court below, delivered on the 23rd June 2009, affirming the conviction of the appellant, Lekan Sodiya, by the Ogun State High Court, hereinafter referred to as the trial court, for the offence of conspiracy to commit armed robbery contrary to Section 5(b) and punishable under Section 1(2)(a) of the Robbery and Fire arms (special provisions) Act CAP. The court pursuant to Section 1(1) of the Act, however substituted the death sentence passed by the trial court for a term of life imprisonment. Being dissatisfied by the decision, the appellant has further appealed to this Court on a Notice, see pages 189-190 of the record of Appeal, containing four grounds.
The brief facts of the case that brought about the appeal, from the record of appeal, are that the appellant was arraigned and tried along with two others before …