JOHN AFOLABI FABIYI, JSC (Delivering the Leading Judgment): This is an appeal against the judgment delivered by the Court of Appeal, Benin Division (the court below) on 21st February, 2013. Therein, the court below affirmed the judgment of the trial High Court which convicted and sentenced the appellant to death for the offences of conspiracy to commit armed robbery, armed robbery and illegal possession of firearms on 30th day of March, 2010.
The appellant was arraigned before the trial High Court on a four count charge of:
(1) Conspiracy to commit armed robbery contrary to Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act Cap. R11 Volume 14 Laws of the Federation of Nigeria, 2004.
(2) Armed robbery, punishable under Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act Cap. R11 Volume 14 Laws of Federation of Nigeria, 2004 for robbing victim of the sum of ₦9,000.00 while armed with locally made pistol.
(3) Armed robbery, punishable under Section 1(2)…