FOLORUNSHO ALUFOHAI V. THE STATE

OLUKAYODE ARIWOOLA, JSC (DELIVERING THE  LEADING JUDGMENT): This is an appeal against the judgment of the Benin Division of the Court of Appeal, delivered on the 23rd day of April, 2012.

The appellant had earlier been charged along with one other, called Sunday Ehimiyein with two counts of conspiracy and armed robbery as follows:-

Count 1: That you, Sunday Ehimiyein (M) and Folorunsho Alufohai (M) on or about the 5th day of January, 1998 at Oluku town in the Iguobazuwa Judicial Division triable in the Benin Judicial Division conspired together and one other now at large to commit felony to wit:- armed robbery and thereby committed an offence, contrary to Section 5(b) and punishable under Section 1(2) (a) of the Robbery and Firearms (Special Provisions) Act Cap. 398, Laws of the Federation of Nigeria, 1990.

Count II: That you Sunday Ehimiyein (m) and Folorunsho Alufohai (m) and one other now at large on the 5th day of January, 1998 at Oluku Junction in Oluku town in the Iguobazuwa Judi…