Appellant was arraigned before the Okitipupa High Court Ondo State and charged with the offences of conspiracy and armed robbery. The particulars of offence state that on the 2 December 2003 at Oropo Water Ways via Ilaje in the Okitipupa Judicial Division, he and others at large conspired to and did one Oluwarokanmi Aseoluwa of the sum of N100,000.00, Horsepower Boat Engine, and other items value unknown armed with dangerous weapons - guns and knives. The app pleaded not guilty to the charge read and explained to him, i the trial that ensued, the prosecution called five witnesses to its case against the appellant, and he testified on his own behalf.

The prosecution's case is that on the said date at about 4.C Oluwarokanmi Aseoluwa (PW l) who was sent by one Obateru Akinrutan to Ugbonla with the sum of N100,000.00 left Igbokoda en route Ugbonla along with Levy Asogbon (PW 2) Isaac Adehin, Sola Ogungbe and Funny Oriyomi (PW 3) aboard 75HP engine boat. Then at about 5.30 pm. a group of armed including the appellant in a double engine 75HP boat art; them and dispossessed them of the N100,000.00 and jewelries; PW1 was also stabbed on the left arm. The appellant testified on that day he was in his office at Chevron located at Ukpi flow station, Ondo State, and that the charge was mastermind Prince Obateru Akinrutan because he had refused to support r his bid to claim Bagara Community as his.

At the close of trial and after hearing addresses of co which focused primarily on the issues of alibi and contradiction evidence, the learned trial Judge, Hon. Justice S. A. Bola, delivered his Judgment on the 12th of January, 2007, wherein he has follows:

"...The PW1, PW2 and PW4 gave direct and pc evidence of the accused participation in the robbery incident at Oropo waters on 24/12/2003 in which PW1 was the major victim and the accused the leader of the robbery gang. 1 do believe the evidence PW1, PW2 and PW4 being victim and eye with that it was the accused and his other member attacked and robbed them on the day in question Prior to the encounter, they had known the accused person. So the issue of identity of the accused person as the leader and participant in the robbery attack is not in dispute or in doubt or controversial. The PW1 knew the accused very well before the robbery and he saw clearly the accused when he robbed him in broad day light on 24/12/2003 -The evidence of PW1, PW2 and PW4 being eyewitnesses which evidence is positive and direct fixed the accused to the scene of crime. The evidence of these prosecution witnesses is overwhelming and has clearly displaced the evidence of alibi of the accused. It is immaterial that the police did not investigate the alibi".

At the end of the day, the lower court concluded as follows -

"In the final analysis, I find the accused person guilty of the charges against him as laid in the information. He will face the supreme punishment prescribed in S. 1(2) of the Robbery and Fire Arms (Special Provision) Act - - He is hereby sentenced to death accordingly”

Dissatisfied with the decision, the appellant appealed to this court.