JOMBO-OFO JCA (Delivering the Lead Judgment): This appeal is as a result of the decision of the Hon. Justice O. Akintan-Osadebay of the High Court of Ondo State sitting at Akure and delivered 2 November 2010 in charge Nos. AK/3C/2006. The appellant as an accused person along with one other was sometime in December 2006 arraigned before the High Court of Ondo State, Akure Judicial Division upon a two count charge of conspiracy and armed robbery contrary to sections 5(b) and 1 (2)(a) respectively of the Robbery and Firearms (Special Provisions) Act, Cap 398 Vol. XXII, Laws of the Federation of Nigeria, 1990. Consequent upon the plea of not guilty on each of the two counts by the accused trial commenced on 15 December 2006. The prosecution called four (4) witnesses while the appellant alone testified in his defence. In all five exhibits marked P1, P2, P3, B1 and B2 were admitted in evidence.
Brief summary of the facts The case of the prosecution was that the appellant and one other on…