DAVID PHILIP V. THE STATE

MOHAMMED AMBI-USI DANJUMA, J.C.A. (Delivering the Leading Judgment): This is an appeal by the appellant herein against his conviction and sentence to death by the High Court of justice of Ondo State sitting at Akure for the offences of conspiracy to rob and robbery contrary to Section 6(b) of the Robbery and Firearms (Special Provisions) Act, Cap R11 Vol. 4. Laws of the Federation of Nigeria and Armed Robbery Contrary to Section 1(2) (a) of the same Act.

The appellant was charged with one Femi Ojo. The facts of the case have clearly been articulated by the respondent in his brief of argument thus:

STATEMENT OF FACTS

1. The case of the prosecution is that in the evening of 11th October, 2009 the appellant and others while armed with guns robbed one Femi Akinrinsola of his official car, Toyota Avensis and service pistol at Obioma Restaurant, along Arakale Street, NEPA Area, Akure, the appellant and his gang succeeded in their mission and escaped.

2. However, on 22/10/2009 following a tip of…