SAMSON FAKOYA V. THE STATE

EBIOWEI TOBI, J.C.A. (Delivering the Leading Judgment): The Appellant in this appeal is the 1st Defendant in the lower Court where he was charged along with Muyiwa Olugbode for the offence of conspiracy to commit armed robbery and the substantive offence of series of armed robberies. The prosecution, in proof of its case, called 4 witnesses and tendered some exhibits, including the statement of the Appellant, which is Exhibit A. The lower Court, in its judgment delivered on 20/4/2018, found at pages 131-170, convicted the Appellant and his co-defendant for both offences and sentenced them to death. This is what the Court said at pages 169-170 of the record:

“The evidence of PW1, PW2 and PW3 as well as Exhibit TOQ, PO1, SO1 corroborates the Confessional Statements of the Accused persons-Exhibits A and PQR which are consistent, direct, positive and equivocal.

I find that the Statement of the Accused Persons which are confessional in nature establishes a clear nexus between the Accused Per…