MUFUTAU AREMU & ANOR V. THE STATE

P. K. NWOKEDI, J.S.C (Delivering the Leading Judgment): The appellants were charged before the Ikeja High Court in Lagos State, with the offence of armed robbery, contrary to section 402(2)(a) of the Criminal Code of Lagos State. The particulars of the offence show that, "on or about the 8th day of January, 1983, at Oshodi, in Ikeja Judicial Division, being armed with offensive weapons, to wit cutlass, robbed one Olayinka Ojikutu of his 504 Peugeot car with registration number LA 30 MA". The prosecution called five witnesses in proof of its case. Each appellant gave evidence in his defence but called no witness.

The case for the prosecution was that on 8th January, 1983, at about 8.30p.m, the PW1 (Olayinka Ojikutu), the owner of the 504 Peugeot car Number LA 30 MA, and PW2 his passenger, were attacked by a gang of four persons, all armed with cutlasses, at a point along Oshodi/Apapa Expressway. The appellants were members of this gang. They surrounded the said car and smashed its wind…