RAHEEM AYINDE V. MR. OLUDAYO OLAWAIYE

MUKHTAR JCA (Delivering the Lead Judgment): The appellant herein was arraigned with one Kehinde Ajumobi before the High Court of Kwara State on 27 October 2010 on a six-count charge for offences of conspiracy to commit armed robbery and armed robbery. The appellant pleaded not guilty to all the counts.After full trial, the learned trial judge, in a reserved and well considered judgment delivered on 11 July 2012 , discharged and acquitted the appellant on the count of criminal conspiracy but convicted him on the count of armed robbery by holding thus: “In view of the foregoing, I am of the view that the evidence of the accused persons as adducedbefore the court contradicts their statements exhibit P4 and P5 andthus, cannot be believed or manifestly relied upon. The evidence of the prosecution in my view is direct, cogent, corroborative and has proved or fulfilled the ingredients of the offence of Armed Robbery charged and I hereby hold that the prosecution has proved its case beyond …