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MOORE A.A. ADUMEIN, J.C.A. (Delivering the Leading Judgment): The appellant - FRIDAY SMART was arraigned in the High Court of Ondo State, Ifon Division for the offences of conspiracy to commit armed robbery and armed robbery. The appellant, as the accused in the lower court, pleaded not guilty and the case was tried. The prosecution called two witnesses and the appellant testified in his defence but did not call any witness. At the close of evidence, the appellant and prosecution filed and exchanged written addresses which they respectively adopted. In a reserved judgment, delivered on the 13th day of November, 2008 the learned trial judge, Odusola, J. found the appellant guilty and sentenced him to death. Being dissatisfied with the judgment of the trial court, the appellant filed a notice of appeal containing only one ground - the omnibus ground of appeal. With leave of court, the appellant filed an amended notice of appeal containing 4 (four) grounds.
The grounds of appeal in the a…