KUMAI B. AKA'AHS, JSC (DELIVERING THE LEADING JUDGMENT): This is an appeal against the decision of the Court of Appeal, Ibadan Judicial Division which affirmed the decision of the High Court of Justice, Ogun State wherein the appellant was sentenced to death by hanging for alleged conspiracy and armed robbery contrary to Sections 5(b) and 1(2)(a) of the Robbery and Firearms (Special Provisions) Act Cap.38 Vol. XXII Laws of the Federation 1990.
The appellant was the 4th accused person who was arraigned with 3 others for the offence of conspiracy and armed robbery at the High Court of Justice, Ogun State. The robbery incidence took place at Ewi's compound, Oke-Efon area of Abeokuta in Ogun State on 18th August, 2002 but the appellant was arrested on 3rd September 2002. The prosecution's case was that on 18th August, 2002 at about 3.30 am, the appellant in company of three others armed with guns and cutlasses broke into the apartment of Evangelist Oluseye Ogunremi who testified as PW2 an…