<p><strong> </strong></p><p><strong>AGUBE JCA (Delivering the Lead Judgment): </strong> This is an appeal against the judgment of the High Court of Ekiti State, Ado-Ekiti Judicial Division coram C.I. Akintayo J. delivered on 15 May 2007 whereby he sentenced the accused/appellant to death. The appellant was arraigned along with one Ezekiel Adewole (deceased) on a five count charge contrary to section 5(b) and punishable under section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Cap. 398, Vol. XXII, Laws of the Federation of Nigeria, 1990 (as amended by the Tribunals certain consequential amendments etc.) Decree No. 62 of 1990.</p><p> The facts of the case as alleged by the prosecution witnesses are that on 14 and 19 April, 2001 at the Progressive Estate, Ikere-Ekiti, they conspired to commit a felony, to wit: armed robbery and that while armed with offensive weapons, to wit: guns, they robbed Samuel Olusanya Ogunleye of the sum of ₦4,250.00 (four thousand, two hundred and fifty naira), Dr. Olubode Ajayi of the sum of ₦…</p>