OLORUNTOSIN BELLO V. THE STATE

AUGIE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the conviction and sentence of death passed on the appellant by the High Court, Abeokuta, Ogun State, wherein he was arraigned on a three-count charge of conspiracy and armed robbery. He was alleged to have conspired with two others at large to rob Regina Idididi and Satus Igho of large sums of money at Itoku Market, Abeokuta while armed with cutlass. The case against the appellant to which he pleaded not guilty, is that he and two other men came into the shop where Regina (PW1) and Satus (PW2) sold rice and beans and demanded money from PW 1. She handed over the uncounted takings of the day and another N250,000.00 to the appellant who passed it on to his accomplices outside. As they left the shop, PW1 and PW2 raised an alarm and pursued the appellant who fell down after he was hit with a rechargeable lantern thrown by Blessing Akatu (PW3). He was then apprehended and taken back to the shop, where he was later …