LEKAN OLAOYE & ANOR V. THE STATE

SIDI DAUDA BAGE, J.C.A. (Delivering the Leading Judgment): This is an appeal by the Appellants against the judgment of Honourable Justice D. O. Oluwayemi of the Lagos High Court delivered on the 13th day of December, 2007 convicting and sentencing the Appellants to be hanged until they are dead [judgment which is at page 228 - 279 of the Record of Appeal). At the Court below, the Appellants were charged with Conspiracy to commit Armed Robbery and Armed Robbery (See page 3 of record of appeal):

STATEMENT OF OFFENCE 1ST - COUNT

Conspiracy to commit Armed Robbery contrary to Section 403A of the Criminal Code, Cap 32 Vol. 2 Laws of Lagos State, 1994.

PARTICULARS OF OFFENCE

Lekan Olaoye (m) and Ibrahim Kamila (m) on or about the 7th day of December, 2000 at Lagos, in the Ikeja Judicial Division conspired with others now at large to commit a felony to wit: Armed Robbery.

STATEMENT OF OFFENCE - 2ND COUNT

Armed Robbery Contrary to Section 402(2)(A) of the Criminal Code, Cap 32 Vol. 2 Laws of …