Y. B. NIMPAR, J.C.A. (Delivering the Leading Judgment): The Appellant as 2nd defendant along Sopuruchi Obed were arraigned before Hon. Justice M. A. Dada of the Lagos State High Court on a two count charge and upon trial, the Court in a considered judgment dated 28th day of May, 2009 found them guilty for the offence of conspiracy and armed robbery and convicted them to death. The offences were contrary to Section 403(4) and 402 (2) of the Criminal Code Cap (17) Vol. 2 Laws of Lagos State, 2003. The charge read as follows:
STATEMENT OF OFFENCE - 1st count
Conspiracy contrary to section 403 (A) of the Criminal Code Law Cap C17 Law of Lagos State.
PARTICULARS OF OFFENCE
Sopuruchi Obed (M) and Oto-Bong Sunday Edet (M) on or about the 30th day of September, 2004 at Obele Road, off Maigbon, Lagos in the Lagos Judicial Division conspired to commit a felony to wit: Armed Robbery.
STATEMENT OF OFFENCE 2nd Count:
Armed Robbery contrary to section 402 (2) (a) of the Criminal Code Law CPA C17 La…