This appeal is against the judgment of the Court of Appeal, Akure Division delivered on 25/6/2014 affirming the judgment of the High Court of Justice, Ondo State delivered on 2/11/2010 sentencing the appellant to death for conspiracy and armed robbery.

On 15/12/2006, the appellant was arraigned before the trial court with two others on a two-count charge of conspiracy to commit armed robbery and armed robbery contrary to Sections 5 (b) and 1 (2) (a) of the Robbery and Firearms (Special Provisions) Act Cap.398 Vol. XXII Laws of the Federation of Nigeria, 1990. It was alleged that at about 9pm on or about the 11th of December, 2003 at NAO Supermarket situate at No.126 Oba Adesida Road, Akure, Ondo State, the appellant, one Shina Akinrinlola and one Okolie Chimezie, while armed with guns and dangerous weapons robbed one Ndubuisi Agachi, the director of the supermarket of valuable properties and cash valued at about four hundred and forty thousand naira (N440,000.00) only. The appellant and Shina Akinrinlola (1st accused) pleaded not guilty to each count of the charge. The 3rd accused, Okorie Chimezie, was absent. By an application filed on 29th December 2006, Okorie Chimezie's name was struck out.

At the trial, the prosecution called four (4) witnesses while the appellant testified in his own defence and did not call any witness. Five exhibits were tendered and marked Exhibits P1, P2, P3, B1 and B2 respectively. At the conclusion of the trial, the appellant and the 1st accused were convicted and sentenced to death on the two counts as charged.

It was the prosecution's case that sometime in January 2004, while a team of detectives were investigating a different robbery at Araromi, the appellant confessed to a previous robbery incident, which occurred at NAO Supermarket Akure on the 11th December 2003. The appellant's defence was that he was at his place of work on 2nd April, 2004 and he left to go to his house at Oke Ijebu. That about 10 minutes after he got home, he was arrested by the police and taken to the police station. That his statement Exhibit B2 was not confessional. He denied taking part in the armed robbery. At the conclusion of the trial, the learned trial Judge found the appellant guilty of conspiracy to commit armed robbery and armed robbery and sentenced him to death.