ADEKUNLE OSHO V. THE STATE OF EKITI

ABUBAKAR SADIQ UMAR, J.S.C. (DELIVERING THE LEADING JUDGMENT): This is an appeal against the judgment of the Court of Appeal, Ado-Ekiti Division (lower Court), delivered on 19th November, 2021 wherein the lower Court affirmed the judgment of the trial Court which convicted the Appellant and sentenced him to death by hanging. The Appellant, being dissatisfied with the decision of the lower Court, has further filed the instant appeal. 

The Appellant and another co-accused person were charged and arraigned before the High Court of Ekiti State, Ado-Ekiti Judicial Division ("trial Court") vide an information dated 11th January, 2016 and filed on 12th January, 2016 containing a single-count charge of armed robbery contrary to Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act Cap R11, Laws of Federation of Nigeria. 

The fact of the case is simple and straightforward. On 14th November, 2014, at about 8:30 pm, the Appellant and one Chinedu Ugwu (2nd Defendant) and two others a…