Facts
On the 8th day of April 2015, at about 8:00pm, a three-man gang, armed with guns came on a motorcycle and attacked one Dosunmu Stephen, a DSS Officer on his way home from a government rally at Abusoro Area, Ijoka Road, Akure and robbed him of his mobile phones.
PW1 was attacked by three persons who alighted from a motorcycle and took positions, one in front of PW1’s car, one at the back while the third person who was masked went to the side windscreen and ordered PW1 to turn off the ignition of the car, handover the car key and phone to him. PW1 told the masked robber who had a gun pointed at him that there was money in the trunk of his car and he would give them the money if only his life could be spared. The masked robber pushed PW1 to the trunk of the car to get the money. On getting there, PW1 while pretending to bring out the money, brought out his service rifle and shot the masked robber, while the robber in front of the car ran away. PW1 shot the Appellant at the back while trying to run away and he fell from the motorcycle with the gun he was holding. With the aid of some security agents, the masked robber was taken to the mortuary while the Appellant was taken to the hospital.
At the trial, the Prosecution called two witnesses and tendered Exhibits in proof of its case. The Appellant as the Defendant, testified on his own behalf and called one other witness who was more of a character witness than a witness of the crime. The trial court, in its judgement, found the Appellant guilty of the offence of armed robbery. He was convicted and sentenced to death.
