KAZEEM AFOLABI V. THE STATE

IYIZOBA JCA (Delivering the Lead Judgment): This appeal challenges the conviction and death sentence imposed on the appellant by Williams J., of the High Court of Lagos State in Charge No. LCD/06/2009, wherein the appellant and two others were arraigned before the learned judge on a two count charge of conspiracy and armed robbery contrary, to sections 403(A) and 402(2)(A) of the Criminal Code Law Cap. C.17 Vol. 2 Laws of Lagos State, 2003, in that they and others now at large on or about 6 November 2007, along Oshodi/Apapa Expressway, Lagos in the Lagos Judicial Division, armed with an offensive weapon to wit: a gun, robbed one Babatunde Ita of his handset and other valuables. The said judgment was delivered on 20 May 2011. The appellant and his co-accused, when arraigned, had pleaded not guilty. To prove its case, the prosecution called two witnesses and tendered confessional statements of the appellant and his co-accused which were admitted in evidence as exhibits P2, P3 and P4. …