RAJI BABATUNDE V. THE STATE

JUDGEMENT

FATIMA OMORO AKINBAMI, J.C.A. (Delivering the Leading judgment): This appeal challenges the decision of the Ekiti State High Court, delivered on the 29th day of March, 2018, in which the Appellant was convicted and sentenced to death by hanging for Armed Robbery.

The Appellant and his co accused were charged before the High Court of Ekiti State on a three count charge:-

COUNT I. STATEMENT OF OFFENCE

ARMED ROBBERY, contrary to Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Cap R11, Vol.14, Laws of the Federation of Nigeria, 2004.

PARTICULARS OF OFFENCE

RAJI BABATUNDE and ADEGBOYE SUNDAY, together with others at large, on or about the 30th day of July, 2014, at No 15, Odundun Street, Okesa Area, Ado-Ekiti, in Ado Judicial Division robbed one Alhaji Mudashiru Bello of two Nokia phones, and one Techno phone, and at the time of the robbery, you were armed with offensive weapons to wit: axe and cutlass.

COUNT II. STATEMENT OF OFFENCE

ARMED ROBBERY, contrary to Sect…