OMOTAYO DEJI V. THE STATE

PETER OYINKENIMIEMI AFFEN, J.C.A. (Delivering the Lead Judgment): The High Court Ekiti State, coram: E. B. Omotoso, J. (“Trial Court”) convicted and sentenced the Appellant herein (Omotayo Deji) to death (by hanging) alongside two others (Chidiebere Ifeanyi and Bolaji Usman) in a reserved judgment handed down on 11/5/2023 in Charge No. HAD/02C/2020: The State v. Omotayo Deji & 2 Ors. The trio stood trial on a 4-count charge of conspiracy to commit armed robbery and armed robbery contrary to Sections 6(b) and 1(2) of the Robbery and Firearms (Special Provisions) Act, Cap. R11, Laws of the Federation of Nigeria, 2004. It was alleged that the Appellant (who was charged as 1st Defendant) conspired with his co defendants to rob, and did rob, Ademiloye Stephen, Olokuntoye Tolulope and Ajayi Kolade (said to be students of the Federal Polytechnic Ado-Ekiti at the time) at Aba Erifun, Poly Road, Ado-Ekiti on or about 6/5/2019 whilst being armed with offensive weapons (i.e. cutlass and a wooden…