GABRIEL EWHARIEME & ORS. V. THE STATE

B. O. KAZEEM, J.S.C. (Delivering the Leading Judgment): In this appeal, the Appellants were all tried and convicted for Armed Robbery by Adio J under Sec.1(2)(a) of the Robbery and Firemarms (Special Provisions) Act No.47 of 1970 as amended by Act. No. 8 of 1974. They were all sentenced to death, and their appeal to the Court of Appeal in Ibadan was equally dismissed. They have now further appealed to this Court.

The facts which led to the conviction are straightforward. The Appellants were in a gang of robbers who, armed with guns, invaded the premises of Faseru Motors, Ilesa in the early hours of 23rd November, 1981 in order to steal therein. One of them shot one Moses Adaramoye a night-watchman (P.W.1), with a gun ofter he failed to give them the keys to the office and the gate in the premises. He was shot in the stomach, his chest and side but he was immediately able to recognise one of the robbers as having a deformed leg. That person turned out to be the 2nd Appellant. Later at …