M.B. DONGBAN-MENSEM, JCA (Delivering the Leading Judgment): On the 2nd April, 2009, the Hon. Justice M. A. Dipeolu of the Ogun State High Court of Justice holden at Sagamu Judicial Division, delivered a judgment against the Appellants. The Appellants as accused persons were charged for conspiracy to commit felony contrary to Section 6(b) of the Robbery and Firearms (Special Provision) Act Cap. R.11 Laws of the Federation of Nigeria, 2004 and Armed Robbery contrary to Section 1(2)(a) of the Robbery and Firearms (Special Provision) Act, Cap, R.11 Laws of the Federation of Nigeria, 2004. The Appellants were convicted and sentenced by the learned trial Judge who rejected their defence of alibi. They were each sentenced to death.
Dissatisfied with the judgment the Appellants filed a notice of appeal which was later amended, dated and filed 27th August, 2010 with five grounds of appeal.
From the five grounds of appeal, the Appellants formulated two issues as follows:
1. Whether the failure …