VICTOR AKPOYIBO V. THE STATE

CORDELIA IFEOMA JOMBO-OFO, J.C.A.:(Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice W. O. Akanbi sitting at Ikire Judicial Division of Osun State High Court, delivered on Thursday, the 22nd day of July, 2010.

The accused, herein the appellant stood charged at the High Court, on a two-count charge of Armed Robbery contrary to section 1(1) and 2(a) of the Robbery and Firearms (Special Provisions) Act, Cap. 398, Vol. XXII, Laws of the Federation of Nigeria, 1990; and Attempted Armed Robbery, contrary to section 2(1) and (2a) of the Robbery and Firearms (Special Provisions) Act, Cap. 398, Vol. XXII, Laws of the Federation of Nigeria, 1990.

It was the case of the prosecution (herein the respondent) that the appellant on 25th November, 2001 at about 8.00a.m. at Apomu Junction on Ibadan-Ife express road, while armed with an offensive weapon, to wit: a Kalashinicol rifle gun, robbed one Rasheed Folorunsho of the sum of N4,500.00k.

The appellant on his p…