OLOTU OLAJIDE V. THE STATE

PAUL OBI ELECHI, J.C.A. (Delivering the Leading Judgment): This is an appeal from the judgment of the Ekiti State High Court, sitting at Ado Ekiti and delivered by Hon. Justice O.I.O. Ogunyemi on the 20th day of March, 2014 convicting and sentencing the Appellant to death for the offence of armed Robbery.

Upon being dissatisfied with the said judgment, the Appellant has now filed an appeal to this Court challenging the said judgment.

The brief facts leading to this case is that the Appellant was arraigned before the lower Court for the offence of armed robbery. The PW1 evidence at the lower Court was to the effect that on the 6th day of October 2012, a gang of armed robbers including the Appellant while armed with guns invaded the house of one Olowojebutu Sola at covenant Avenue, Ajebamidele, Ikere Road, Ado Ekiti and dispossessed him and his household their belongings including Money, blackberry handset, Nokia handset, jewelries and other valuables.

The armed Robbers gained entry when t…