KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J. C.A. (Delivering the Leading Judgment).: This is an appeal against the conviction and death sentence passed on the appellants for conspiracy to commit armed robbery and armed robbery by the High Court of Ogun State sitting at Ijebu-Ode in its judgment delivered on 6th July, 2004.
The appellants were charged before the High Court of Ogun State sitting at Ijebu-Ode on the following two-count charge:
"That you Ore-Ofe Adesina (Alias Alhaji), Rasheed Olawale (Alias Emeka) and others now at large on or about 28th day of February, 2002, at Gateway Bank Plc, Ijebu-Ode Branch in the Ijebu-Ode Judicial Division did conspire to commit a felony to wit: Armed robbery and thereby committed an offence contrary to Section 5 (b) and punishable under Section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act, Cap 398 Laws of the Federation of Nigeria 1990 as amended by the Tribunals (Certain Consequential Amendments) Etc. Act 1999.