KEHINDE ISMAILA V. THE STATE

TSAMMANI JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Ogun State, sittingat Abeokuta, delivered by P. A. Onamade, J. on 13 July 2012 wherein, the appellant and two others were tried, convicted and sentenced to death for having conspired to and committed the offence of armed robbery. The case of the prosecution against the appellant and his two co- accused persons was that, on 15 March 2006, one Tomori-Oshoko who testified as the PW1 was on her way to Kuto market to buy fish at about 6:30a.m. when the accused persons accosted her near St. Joseph School. That, the accused persons chased her with a motor-cycle, and that whenthey caught up with her, they pushed her into a drainage nearby. That one of her assailants held her by the neck and put a gun on her ear. That, they took her money to the tune of N9,000.00 (nine thousand naira) and ran away with one of them shooting into the air. That the 1st accused escaped on foot, while the appe…