OLORUNFUNNIBI AKINTOMIDE V. THE STATE

JAMES SHEHU ABIRIYI, J.C.A. (Delivering The Leading Judgment): This is an appeal against the judgment of the High Court of Ondo State sitting at Ondo delivered on the 15th May, 2012. The Appellant and two others were in that court tried for conspiracy to commit armed robbery and armed robbery contrary to sections 1(2)(a) and 5(b) of the Robbery and Firearms (Special Provisions) Act Cap 11 Vol. 14 Laws of the FRN 2004.

The facts of the case for the Respondent at the trial included the following:

On the 6th January, 2005, at about 2:00am, one Yaya Suberu (Pw1) heard the voice of one of his boys who was sleeping in the passage that leads to pw1's room. He asked who was in the house talking to his boy at that time of the night. While he was walking towards the boy with his torch-light, he saw somebody at the passage. The person ran down the stair-case. Pw1 shouted "thief, thief." Then two other people opened the door to the house - and came upstairs. The three people were masked. They t…