UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): The Appellant was one of three accused persons who were arraigned before the High Court of Ogun State (hereinafter the lower Court) in SUIT NO. HCT/8R/2009: THE STATE v. KABIRU ALIU and 2 ORS., on a three-count Information for conspiracy to commit armed robbery and armed robbery contrary to Section 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act Cap. R 11, Laws of the Federation of Nigeria, 2004.
The Appellant pleaded not guilty to the offences charged and the matter was subjected to a plenary trial. The Prosecution called five witnesses and also tendered documentary evidence at the trial. The Appellant testified in his defence and called no other witness. In its judgment, the lower Court, Coram Judice: Ogunsanya, J., convicted the Appellant as charged and sentenced him to death. The judgment of the lower Court which was delivered on 5th July 2018 is at pages 136-161 of the Records of Appeal.
The Appella…