ALAGOA JCA (Delivering the Lead Judgment): This is an appeal against the judgment of Mobolaji Ojo J. of the High Court of Justice, Ijebu
Ode, Ogun State in Charge No. HCB/4C/2004: The State v. Aribigbola Awosika and Anor., delivered on 8 February 2007, wherein the appellants as accused persons were convicted and sentenced to death on four counts of conspiracy to commit armed robbery and armed robbery. The appellants as accused persons were charged in the court below as follows: “Count I That you, Aribigbola Awosika, TajudeenAdisa and others still at large on or about 31 August 2003 at Ijebu-Igbo in the Ijebu- Igbo Judicial Division conspired together 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.) Decree, 1999. Count II Tha…