OLABODE RHODES-VIVOUR, J.S.C. (Delivering the Leading Judgment): This is an appeal from the judgment of the Court of Appeal, Akure Division, delivered on the 6th day of March, 2012, wherein it affirmed the death sentence pronounced by an Ondo State High Court on the appellant for conspiracy to commit Armed Robbery and Armed Robbery contrary to Sections 5(b) and 1(2) (b) of the Armed Robbery and Firearms (Special Provisions) Act.
Trial commenced before Odusola J. of an Ondo State High Court on the 13th day of May 2008. The Respondent (the State) called two witnesses while the Appellant gave evidence in his defence. He did not call anyone to give evidence in his defence.
The following were admitted as exhibits:
(a) "A - A3 statements of Appellant
(b) "B" locally made pistol
(c) "B1 " one cartridge.
The trial came to an end on the 15th day of October, 2008 with both counsel adopting their written addresses.
In a well considered judgment delivered on the 13th of November, 2008 the learned trial …