KARIBI-WHYTE, J.S.C (Delivering the Leading Judgement): On the 30th January 1986 I dismissed this appeal after hearing Counsel for the appellant and respondent and indicated that I shall give my reasons for so doing today. Herein below are the reasons.
Appellant with two others were charged before the Ikeja High Court with the offence of Robbery punishable under Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act No. 47 of 1970. At the conclusion of the trial, the trial judge found only the Appellant guilty of the offence as charged on the information. The other two were found not guilty and were accordingly acquitted and discharged. Appellant was sentenced to death by hanging or by firing squad as the Governor of Lagos State may decide. Appellant appealed against his conviction to the Court of Appeal. The court of Appeal allowed the appeal and set aside the conviction for Robbery and Firearms (Special Provisions) Act 1970. In its place a conviction for the offence of…