SOMEFUN
V.
AG OGUN STATE

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN (Delivering the leading judgment): This is an appeal against the judgment of High Court of Ogun State, sitting at Ilaro delivered on 7th November, 2006. The appellant was charged before the said court on a two-count charge of conspiracy to commit armed robbery and armed robbery contrary to Sections 5 and 1(2)(a) of the Robbery and Firearms (Special Provisions) Act Cap. 398 Laws of the Federation of Nigeria (LFN) 1990. The matter proceeded to trial wherein the prosecution called five witnesses. The appellant testified on his own behalf and called no other witness. At the conclusion of the trial the appellant was convicted and sentenced to death. Being dissatisfied with the decision he filed a notice of appeal dated 17/11/06 but filed on 27/11/06 containing the omnibus ground of appeal that the judgment is unreasonable having regard to the weight of evidence. With leave of this court granted on 15/1/09 he amended his notice of appeal. The amended…