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MARY UKAEGO PETER-ODILI, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the court of Appeal, Ibadan Judicial Division delivered on the 18th day of November, 2010 wherein their Lordships dismissed the appeal of the appellant and affirmed his conviction and sentence to death for the charge of conspiracy to commit armed robbery and armed robbery, contrary to section 5 (b) and 1 (2) (a) of the Robbery and Firearms (special Provisions) Act 1990 as amended by the Tribunal (Certain consequential Amendments, etc) Act 1999.
The Appellant being dissatisfied with the judgment has appealed against same by his Notice of Appeal dated 10th day of December 2010 and filed on the 11th day of December, 2012 on three grounds.
A background to this appeal is as follows:-
The appellant pleaded not guilty to the two count charge and the case proceeded to trial. The prosecution called a total of five witnesses while the appellant called two witnesses. Exhibits were tender…