The Appellant and one other person were arraigned on an eight counts charge, tried, convicted and sentenced to death for the offence of conspiracy and armed robbery under Section 97 (1) and 298 (c) of the Penal Code Law of Kogi State. The judgment of the Learned State Chief Judge was affirmed by the Court of Appeal.

The Court found as follows:- ‘In the instant case the learned trial Judge tested the veracity of the Appellant's retracted confessional statement and the evidence adduced by prosecution witnesses and rightly concluded that the Appellant committed the robberies as alleged."

Hence the Court below further concluded thus:- "The conviction of the Appellant on the facts and circumstances of the case by the trial Court is right and I find no reason to disturb same. The Appeal is without merit, it is hereby dismissed."

The conviction of the Appellant herein was firmly grounded on the facts and circumstances of the case at the trial Court.

The Appellant and one Okey Omonoseh and others at large were armed with guns, sticks when they robbed some residents in Ajaokuta, town of Kogi State and dispossessed them of their cars and personal effects. The Appellant volunteered a statement to the police which he later retracted at the trial. However, when a trial within trial was conducted the learned trial Chief Judge admitted the statement as Exhibit 4. It is instructive to note that the Appellant was convicted based on his confessional statement.