TIJJANI ABDULLAHI, J.C.A. (Delivering the Leading Judgment): This is an appearance against the decision of the High court of Justice, Ilorin Division, Kwara state presided by Banji Orilonise (J) delivered on the 14th day of December, 2006, in suit No. KWS/28C/2004.
The Appellant and one other were charged with the offence of Armed Rubbery and culpable Homicide punishable with death before the learned trial Judge contrary to section 1 of the Robbery and Fire Arms (Special Provision) Act, cap. 398, LFN and section 221 of the penal code respectively.
The two counts charge for which they stood trial read thus:
CHARGE 1
"That you Silas Sule Mohammed (m) and Rasheed D. Lasisi (m) on or about the 9th and the early hours of the 10th day of October, 2003 in Ilorin, Kwara State within the judicial division of this Honourable Court robbed the Mini-Mart of Rock Field Petroleum Nigeria Limited opposite Former FRSC office Fate Road, Ilorin and carted away valuables amounting to N44,340.00k and you…