ADZIRA GANA MSHELIA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Nwaka J. of the Lagos High Court delivered on the 22nd day of December, 2006 convicting the appellant for conspiracy to commit robbery and sentence the appellant to 21 years imprisonment.
The brief facts of the case are that on or about the 18th May, 2002, the appellant who is a clearing agent was contracted by PW 1 to clear two trucks containing Sivoclear belonging to one Alhaja Falilat Bello at the Seme border and deliver them to designated ware houses in Lagos. After clearing the two trucks through customs at Seme border along with two other trucks belonging to another customer (kehinde) the appellant and his staff preceded to Lagos. On the way, one of the trucks belonging to Alhaja Falilat Bello had a flat tyre. Since it was getting late, the appellant decided to proceed with the three other trucks and requested his staff to repair the tyre and proceed to deliver the truck to i…