KAYODE BABARINDE & ORS V. THE STATE

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C.: The appellants were charged before the High Court of Kwara State, Ilorin Division on a two-count charge of conspiracy to commit armed robbery and armed robbery contrary to Section 97 of the Penal Code and Section 1 (2) of the Robbery and Firearms (Special Provisions) Act Cap. R 11 Laws of the Federation of Nigeria (LFN) 2004 respectively. They were alleged to have robbed one Mrs. Ruth Alabi of the sum of N50,000 while armed with a locally made pistol on 18/8/2007 at Baba Oloya Street, Jebba, within the jurisdiction of the court. Each of the accused persons pleaded not guilty to each count of the charge. The prosecution called three witnesses and tendered exhibits while the appellants each testified on their own behalf and called no other witness. At the conclusion of the trial, the High Court on 26/9/09 found each of the accused persons guilty as charged on each of the counts. They were sentenced to two years imprisonment on the count …