RIDWAN OJEKUNLE V. THE STATE

JUMMAI HANNATU SANKEY, JSC (DELIVERING THE LEADING JUDGEMENT): This is an appeal against the decision of the Court of Appeal, Ibadan Judicial Division (court below) delivered on the 02-06-2021 wherein the court below, in a unanimous decision, affirmed the judgment of the High Court of Oyo State (trial court) convicting the appellant for the offences of conspiracy to commit armed robbery and armed robbery and sentencing him to death by hanging.

The appellant, alongside one Saheed Adesina, was arraigned on a two-count charge of conspiracy to commit armed robbery and armed robbery contrary to sections 1 (a), and 6(b) of the Robbery and Firearms (Special Provisions) Act, Cap. R11 L.F.N,2004.

The facts as presented by the prosecution before the trial court is that on 02-02-2015 the appellant, his co-accused and others at large, conspired to and did enter the residence of one Taibat Adunni Orobiyi (PW1) located at Adeyemo Layout, Odo-Oba Ibadan to rob her. In her testimony, the PW1 painted a …