JOHN AFOLABI FABIYI, J.S.C. (Delivering the Leading Judgment): This an appeal against the judgment of the Court of Appeal, Ilorin Division (the court below) delivered on 25th January, 2011. Therein, the judgment of Orilonise, J of the trial High Court of Justice, Ilorin Division, Kwara State of Nigeria, delivered on 14th December, 2006 was affirmed.
The appellant and the 2nd Accused person (Rashidi Lasisi) were arraigned at the trial court on two counts of armed robbery contrary to section 1 of Robbery and Fire Arms (Special Provisions) Act, Cap. 398 Laws of the Federation of Nigeria and culpable homicide punishable with death for causing the death of one Obioma Nwokocha contrary to section 221 of the penal Code respectively. The two counts were read and explained to the appellant and the co-accused. They both pleaded not guilty. The trial court garnered evidence and was duly addressed by learned counsel on both sides. The learned trial judge applied the law to the evidence adduced to…