The three appellants, Uche Obidiozo, Emman George (alias Ogbogo) and Gil¬bert Eze (Alias 'OY') stood trial in a Kano State High Court of a charge containing four counts. The first and the third counts charged each with an offence of con¬spiracy to commit armed Robbery contrary to Section 3A(b) of the Robbery and Fire Arms Decree No. 47 of 1970 as amended, which offence carried a penalty of 21 years imprisonment without option of a fine. The 2nd and 4th counts charged each with the offence of Armed Robbery contrary to Section 1(2)(a) of the same Decree which offence carries a mandatory death penalty.

The first, second and third appellants were the first, second and third accused persons respectively in the Kano State High Court, the trial court. At the end of their trial in the High Court the learned trial Judge Femandez J. found them guilty as charged. He held in this regard as follows:

After listening to the allocutus of Counsel for the appellants he pronounced sentences on them in the following manner

The appellants being dissatisfied with their convictions and sentences appealed against them unsuccessfully to the Court of Appeal, Kaduna branch. Being dissat-isfied again with the judgment of the Court of Appeal they have each lodged a further appeal to this court.