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NNAEMEKA-AGU, J.S.C. (Delivering the Leading Judgment): This appeal came up for hearing on the 5th day of July, 1990. After reading the record and briefs filed by learned counsel for the appellants and the respondent and listening to the oral argument of counsel on both sides, the court summarily allowed the appeal but postponed the reasons for its judgment till today. I now give the reasons for my judgment.
The two appellants were, in the year 1980. in an Armed Robbery Court of the Criminal Division of the High Court of Lagos State presided over by Agora, J. (as he then was) charged on an information with the offence of armed robbery contrary to section 1(2)(b) of the Robbery and Firearms Decree No.47 of 1970. The particulars of the offence were stated as follows:
PARTICULARS OF OFFENCE
Audu Aruna (m) and Victor Audu (m) on about the 4th day of June, 1977 at about 12.00a.m. at Apapa in the Lagos State Judicial Division being armed with offensive weapons to wit, broken bottles robbed…