ORE-OFE ADESINA (A.K.A. ALHAJI) RASHIDI OLAWALE (A.K.A. EMEKA) V. THE STATE

ADEKEYE JSC (Delivering the Lead Judgment): This appeal is against the judgment of the Court of Appeal, Ibadan Division, delivered on Monday, 19 April 2010. The decision affirmed the conviction and sentence of the appellants by the High Court of Ogun State, Ijebu-Ode Judicial Division on the two count charge of conspiracy to commit robbery and armed robbery delivered on 6 July 2004. The facts of the case are briefly that, on 28 February 2008, a gang of armed robbers forcefully broke into the Gateway Bank, Ijebu-Ode Branch, Ogun State. Those who entered into the banking hall shot freely into the air leaving people running helter-skelter. The appellants before this court remained in a vehicle parked at the premises of the bank. The others gained access into the bank’s strong room from where they carted away the sum of fourteen million naira in different denominations.

A report of the incident was made to the police. At about 11:15p.m. that day, a police patrol team along the Lagos-Beni…