WALE BANJO V. THE STATE

MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE, J.S.C. (Delivering the Leading Judgment): The Appellant, wale Banjo, together with two others were charged with conspiracy to commit armed robbery and armed robbery contrary to section 5 (6) and 1(2) (C) of the Robbery and Firearms (special provisions) Act cap 398 Laws of the Federation of Nigeria 1990 as amended by the Tribunal (certain consequential amendments etc) Act 1999.

At the trial the prosecution called five (5) witnesses while the appellant gave evidence on his behalf. At the conclusion of hearing the trial court found the Appellant guilty as charged and sentenced him to death. The trial court in its conclusion held thus:-

"The totality of the evidence before the court reveals that the accused persons and others now at large participated in the robbery of 15/2/2000. All the ingredients of the offences charged have been proved, to wit:-

(1) That the accused person and others at large did agree to the PW2 and the PW3 15/2/2000 which was …