ALAGOA JSC (Delivering the Lead Judgment): The respondent as accused was arraigned before the Ilorin Judicial Division of the High Court of Kwara State of Nigeria on a charge of armed robbery contrary to section 1(2) of the Robbery and Firearms (Special Provisions) Act, Cap. R11, Laws of the Federation of Nigeria, 2004. He pleaded not guilty and the case went on to be fully heard with the prosecution callingfour witnesses and tendering three exhibits. The respondent gave evidence on his behalf and called no witnesses. Written addresses were submitted and adopted by counsel and in a considered judgment delivered on 30 June 2010, Kawu, J. found the respondent guilty and accordingly convicted and sentenced him to death by hanging.
The prosecution’s case was that on 27 August 2009 in the evening hours, one Mutiyat Abdulkareem who testified as PW2 was coming from her friend’s house when at a point along Atiku Road, Adewole Ilorin, her phone rang. She answered the call and was conversing w…