This appeal emanates from the Judgment of the Ibadan division of the Court of Appeal (the lower or Court below for short) delivered on 10th day of March 2010 which partially affirmed the Judgment of High Court of Justice, Ogun State sitting at Ijebu-Ode (coram M. A. Ojo, J) (the trial Court) delivered on 18th January 2007.

The appellant who was the 1st accused, and one other co-accused (2nd accused) were arraigned before the trial Court on four count charge of conspiracy to commit armed robbery contrary to Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Cap 318, Laws of the Federation of Nigeria 1990 (as amended by the Tribunals Certain Consequential Amendments etc.) Act 1999, and various armed robberies, contrary to Section 1(2)(a) of Robbery and Firearms (Special Provisions) Act, Cap 390 Laws of the Federation of Nigeria 1990 (as amended). Both the appellant and the other co-accused pleaded not guilty to the charge, when same were read and explained to them.

The facts giving rise to this appeal are that the appellant, his co-accused, one Tajudeen Adisa and one other person at large were alleged to have, while being armed with offensive weapons, raided the house of Mrs. Yemi Fowosere and during the robbery attack, her personal effects which included her handsets, wristwatches and some money were stolen after breaking the doors of the house. They were also alleged to have robbed PW2 and PW3 who also reside in the said compound of some money and properties in their respective rooms. The prosecution stated that a day after the robbery incidence, the appellant left Ijebu-Ode for Lagos with the co-accused. However, on their way they ran into a check-point mounted by men of OPC who arrested the appellant and handed him over to the Police. The appellant later led the police to Lagos where his co-accused Taludeen Adisa, was also arrested. The appellant during investigation volunteered a confessional statement at the State CID Abeokuta, which was tendered at the. trial without objection by the defence. During the trial, the prosecution in proof of its case, called four witnesses to testify while the appellant testified for his defence without calling any witness. After concluding the trial, the trial Court found the appellant guilty of all the charges, convicted him and sentenced him to death. Aggrieved by the decision of the trial Court, the appellant appealed to the Lower Court. After hearing the appeal, the Court below commuted the death sentence passed on the appellant by the trial Court to 21 years imprisonment.

Still dissatisfied with the Judgment of the Court below, the appellant further appealed to this Court.