NDUKWE-ANYANWU JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the High Court of Lagos State by Honourable Justice O.A. William delivered on 17April 2014. The appellant was charged on a one count charge of armed robbery contrary to section 402 (2)(a) of the Criminal Code Law, Cap. C17 Vol.2, Laws of Lagos State 2003. The appellant pleaded “not guilty”. The State in proof of its case called four witnesses and tendered seven exhibits. In defence of thecharge, the appellant also called four witnesses (himself inclusive) and tendered two exhibits. At the end of the trial, the learned trial judge delivered its considered judgment, convicted and sentenced the appellant to death for the offence of armed robbery. Being dissatisfied, the appellant filed a notice of appeal with seven grounds. The appellant also filed his appellant’s brief on 21 November 2014. In it, the appellant articulated three (3) issues for determination. They are as follows:
Having regard to t…