SOTONYE DENTON-WEST, J.C.A, (Delivering the Leading Judgment): This is an appeal against the judgment of the Hon. Justice Kayode Bamishile delivered on 18/6/2002, sentencing the Accused Appellant to death for the offence of conspiracy and armed robbery under section (5)B and 1(2) (a) of the Robbery and Fire Arms (Special Provision) Act, 1990.
There were three accused persons who stood trial before the lower court. The Appellant herein is the 2nd accused person and he was charged along with the other accused persons as follows:
Count (1): Conspiracy .
STATEMENT OF OFFENCE
Conspiracy, contrary to section 5(b) and punishable, under section 1(2), (a) of the robbery and firearms (Special Provisions) Act Vol. XXII Cap 398 Laws of the Federation of Nigeria 1990.
PARTICULARS OF OFFENCE
Dele Gabriel (M), Abayomi Joshua (M), Adewale Adedara (M), Dele James Apeh (M) and Felix Amodu (M) on or about the 28th day of July, 1998 at Ise-Ekiti in the Ekiti State of Nigeria conspired to commit felony t…