The Appellant who was the accused person at the Ado - Ekiti High Court of Justice of Ekiti State, was arraigned on a 2 count charge of armed robbery-

On the commencement of his trial, the Appellant pleaded not guilty to the 2 counts of the charge. The prosecution called 4 witnesses in its bid to prove the counts against the Appellant. At the close of the prosecution's case, the Appellant elected to give evidence and called 3 other witnesses who testified in support of his defence. From the evidence on record, the case of the prosecution was that on 27th April, 2002, the Appellant and 3 others still at large, while armed with guns carried out a robbery operation along Igede Road, Ilawe Ekiti in Ekiti State of Nigeria and robbed one Mercy Ogunshakin and raped her daughter Ifedayo Ogunsakin who identified the Appellant as one of the members of the armed robbery gang.

In his defence, the Appellant denied participating in the act of armed robbery as charged and set up a defence of alibi by claiming that at the time the robbery was committed, he was watching video film with his friends in the house of one of such friends. At the conclusion of the trial, the learned trial Judge found the Appellant not guilty of the first count of the charge and accordingly discharged and acquitted him. However, as for the second count of the charge, the learned trial Judge found that the prosecution had proved its case against the Appellant whose defence of alibi was rejected following the positive and direct evidence of identification of the Appellant as one of the armed robbers who participated in the operation of 27th April, 2002 and therefore convicted and sentenced the Appellant to death according to the law. The Appellant's appeal to the Court of Appeal Ilorin was heard and dismissed in the judgment of that Court delivered on 10th December, 2007. The present appeal in this Court by the Appellant is against the affirmation of his conviction and sentence by the Court of Appeal.