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U. OMO, J.S.C. (Delivering the Leading Judgment): The appellants are three of the six persons who were charged in the Lagos High Court on three counts of conspiracy to commit armed robbery, armed robbery and murder, contrary to sections 402(1)(a), 403 and 319(1) of the Criminal Code of Lagos State. Whilst the three appellants were convicted of the murder of one Muyili Tijani, a security man, and of the lesser offence of robbery contrary to section 402(1) of the Criminal Code; the 4th to 6th accused were discharged of the crime of murder, but convicted of robbery simpliciter and sentenced to 21 years imprisonment. The charge of conspiracy was withdrawn and struck out. All of the accused except the 4th accused, appealed against their conviction to the Court of Appeal where their convictions and sentences were affirmed, except for the 5th accused whose appeal was allowed. It is against this judgment of the Court of Appeal that the appellants have appealed to this Court.
The case fur the …