DEMO OSENI V. THE STATE

NWALI SYLVESTER NGWUTA, J.S.C. (Delivering the Leading Judgment): The appellant was charged along with one Abubakar Umaru Sadiq with the offences of conspiracy and armed robbery before the High Court of Justice of Kwara State, Ilorin Judicial Division. The counts of conspiracy and armed robbery were laid under s.97 of the Penal Code and s.1(2)(a) and (b) of the Robbery and Fire Arms (Special Provision) Act Cap.R.11 Laws of the Federation 2004, respectively.

In the course of the trial, the Criminal Justice Committee of Kwara State released the 1st accused person Abubakar Umaru Sadiq on bail based on ground of ill-health. Subsequently, he was reported dead and his name struck out of the charge. At the end of the trial, the learned trial Judge discharged and acquitted the 2nd accused, the appellant herein, of the offence of conspiracy. He was however convicted of the offence of armed robbery and sentenced to death by hanging.

The appellant appealed to the Court of Appeal Ilorin. The lowe…