AKEEM SANUSI V. THE STATE

ADAMU JAURO, JSC. (Delivering the Leading Judgment): The appeal herein is against the judgment of the Court of Appeal, Ibadan Division which affirmed the judgment of the High Court of Ogun State wherein the Appellant was found guilty for the offences of conspiracy to commit armed robbery and armed robbery and sentenced to death by hanging.

BRIEF FACTS OF THE CASE

The Appellant was tried on a two-count charge which read thus:

"COUNT I

STATEMENT OF OFFENCE

Conspiracy to commit Armed Robbery, contrary to Section 6(b) and punishable under Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act Cap R. 11 Laws of the Federation of Nigeria, 2004.

PARTICULARS OF OFFENCE

AKEEM SANUSI (M) and another person still at large on or about the 5th September, 2008 at Dada Asaila Junction in Elejigbo in the Ota Judicial Division conspired to commit Armed Robbery.

COUNT II

STATEMENT OF OFFENCE

Armed Robbery contrary to Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act Cap R. 11 Law…