For robbing a woman of N50,000 at gun point, the trio of Kayode Babarinde, Akeem Haruna and Yusuf Nurudeen must die by hanging so held yesterday by the Supreme Court.

In a unanimous judgment five justices of the court upheld the concurrent judgment of both the Kwara State High Court and the Ilorin Division of the Court of Appeal.

The three convicts were charged before the Kwara state High Court in Ilorin on a two-count charge of conspiracy to commit armed robbery and armed robbery contrary to section 97 of the Penal Code and Section 1(2) of the Robbery and Firearms (Special Provisions) Act Cap. R 11 Laws of the Federation of Nigeria.

They were alleged to have robbed one Mrs Ruth Alabi of the sum of N50,000 while armed with a locally made pistol on 18/8/2007 at Baba Oloya Street, Jebba.

Each of the accused persons pleaded not guilty to each count of the charge. The prosecution called three witnesses and tendered exhibits while the appellants each testified on their own behalf and called no witness.

At the conclusion of trial, the high court on 26/9/09 found each of the accused persons guilty as charged on each of the counts. They were sentenced to two years of imprisonment on the count of conspiracy and death by hanging on the count of armed robbery.

However, they were dissatisfied with their conviction and sentence and appealed to the Court of Appeal in Ilorin. The Court of Appeal also dismissed their appeal. Still dissatisfied, they appealed to the Supreme Court.

In a lead judgment delivered by Justice Kudirat Kekere-Ekun, she dismissed the appeal after finding it to be unmeritorous.

She said: "I find no reason to disturb the said finding and conclusions of the lower court. In effect the appeal lacks merit and is hereby dismissed."