TAMBAYA ORI V. THE STATE

MARY UKAEGO PETER-ODILI, JSC (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of appeal Ibadan Division or court below or lower court, Coram: Fasanmi, Iyizoba and Tsammani JJCA delivered on the 6th July, 20178 affirming the conviction and sentence of the appellant by the Ogun State High Court sitting at Abeokuta per A.A. Akinyemi on 13th July, 2015 on a two count charge of conspiracy to commit Armed robbery and Firearms (Special Provisions) Act Cap R11 LFN, 2004 for which the appellant was sentenced to death by hanging. The appellant being dissatisfied with the decision appealed to the court below which dismissed the appeal.

FACTS BRIEFLY STATED

On or about the 16th August, 2007 at about 5pm the PW1 a Police Officer in the vehicle of Mr. and Mrs. Fatokun were on their way from his duty post along Iwofin-Olorunda road, when they suddenly sighted some armed men, which included the Appellant who stopped their vehicle. The Appellant then approached PW1 at …