HELEN MORONKEJI OGUNWUMIJU, JSC (Delivering the Leading Judgement): This is an appeal against the judgment of the Court of Appeal, Gombe Division Coram: Jummai Hannatu Sankey, E.O. Williams-Dawodu and James Gambo Abundaga, JJCA delivered on the 28th day of July, 2020 which affirmed the decision of the trial Court delivered by Hon. Justice M.A. Pindiga on the 2nd day of November, 2018 which had convicted and sentenced the Appellant to death by hanging for the offences of Criminal Conspiracy contrary to Section 97 of the Penal Code, Culpable Homicide punishable with death contrary to Section 221 of the Penal Code and Armed Robbery contrary to Section 1(2) (b) of the Robbery and Firearms (Special Provisions) Act, 1990.
The case of the prosecution at trial is as follows: The Appellant on the 24th day of June, 2016 with other co-defendants conspired to rob and did rob one Tijjani Mohammed (now deceased) of his Samsung phone and money in the sum of N1,800 whilst armed with knives and cutla…