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AGBAJE J.S.C. (Delivering the Lead Judgment): On 15th October, 1987. I dismissed this appeal and reserved my reasons for that judgment till today. I now give my reasons.
The three appellants, Uche Obidiozo, Emma George (Alias Ogbogo) and Gilbert Eze (Alias 'OY') stood trial in a Kano State High Court on a charge containing four counts. The first and the third counts charged each with an offence of conspiracy to commit armed Robbery contrary to Section 3A(b) of the Robbery and Fire Arms Decree No.47 of 1970 as amended, which offence carried a penalty of 21 years imprisonment without option of a fine. The 2nd and 4th counts charged each with the offence of Armed Robbery contrary to Section 1(2)(a) of the same Decree which offence carries a mandatory death penalty.
The first, second and third appellants were the first, second and third accused persons respectively in the Kano State High Court, the trial court. At the end of their trial in the High Court the learned trial Judge Fernande…