STANLEY SHENKO ALAGOA, J.C.A.(Delivering the Leading Judgment).: This is an appeal against the judgment of Lokulo-Sodipe J. of the High Court of Justice Abeokuta, Ogun State in Charge No. AB/9R/2001 - THE STATE V. OLUWASEYI SOWEMIMO and ANOR delivered on the 28th March 2006 wherein the Appellant Oke Utuyorume and one Oluwaseyi Sowemimo, were arraigned, tried, convicted and sentenced to death on a two count charge of conspiracy to commit the offence of armed robbery and armed robbery. The charge against the accused persons at the court below reads as follows:-
That you Oluwaseyi Sowemimo, Oke Utuyorume and another still at large on or about the 4th day of January, 2001 at Abeokuta in Ogun State conspired to commit a felony to wit: Armed Robbery and thereby committed an offence contrary to section 5(b) and punishable under section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act 1990 as amended by the Tribunals (Certain Consequential Amendment, etc) Decree 1999.