AZUKA IYESELE V. THE STATE

ALI ABUBAKAR BABANDI GUMEL, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Ogun State High Court holden at Abigi delivered on 20th June, 2013 in charge No.AB/9R/2009, convicting and sentencing the Appellant to death by hanging for conspiracy to commit armed robbery, armed robbery etc. contrary to Sections 6(b) and 1(i) (b) of the respectively of the Robbery and Firearms (Special Provisions) Act CAP. R11, Laws of the Federation of Nigeria, 2004 (LFN, 2004).

According to the Respondent, the Appellant on or about at 13th February, 2008 at 12.00noon, the Appellant along with other persons entered the house of the complainant (PW1) at No.3 Kuforiji Olubi Crescent, Adigbe, Abeokuta, and while armed with guns robbed PW1 of 2 Nokia Mobile phones, cash and jewellery. Other occupants of the house, including PW5 were robbed of mobile phones and cash. To prove its case against the Appellant the Respondent relied on the oral evidence of 6 prosecution witness…