A UWA JCA (Delivering the Lead Judgment): The appellant herein and a co-accused were convicted of the offence of criminal conspiracy (section 97 of the Penal Code) and armed robbery pursuant to section 1(2) of the Robbery and Firearms (Special Provision) Act Cap. 11 Laws of the Federation of Nigeria, 2004, by the High Court of Kwara State, on 13 November 2013 by H. A. Saleeman, J. in suit No. KWS/49C/2012. The conviction was a death penalty.
The background facts are that the appellant and his co-accused were alleged to have robbed three persons armed with cutlasses and Fulani sticks while they were returning from Banni market where they went to sell their yams. The attack was said to have taken place at Banni/Lele Road, which led to the death of one of the victims while the other two sustained injuries.
The robbers were said to have also sustained injuries inflicted on them by their victims.
The appellant on his part, made out that he was arrested as one of the armed robbery suspects w…