AKEEM AFOLAHAN V. THE STATE

CHINWE E. IYIZOBA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Osogbo High Court in Charge No. HOS/7C/2000 delivered on the 12th day of December 2002 in which the learned trial judge convicted and sentenced the appellant to death on a two count charge of conspiracy to commit felony to wit armed robbery and armed robbery contrary to Section 5(b), 1(2) (a) of the Robbery and Firearms (Special Provisions) Act Cap 398 Vol. XXII, Laws of the Federation of Nigeria, 1990.

Dissatisfied with the judgment, the appellant has appealed to this court on eight grounds of appeal as contained in his notice of appeal filed on the 23rd day of December 2002.

The facts briefly stated are that the appellant and others at large on the 21st day of December, 1999, robbed one Alhaja Sariyu Aladorin of the sum of N140,000.00 under gun point. The story is that the Alhaja, a trader who had testified as PW1 was praying in her house when she heard her friend's daughter on…