KAYODE BABARINDE & ORS. V. THE STATE

OBANDE OGBUINYA, J.C.A. (Delivering the Leading Judgment): This appeal sprang from the judgment of the Kwara state High Court, corm, Hon. Justice I. R. Garba, delivered on 29/09/2009 in which the appellants were convicted of criminal conspiracy and armed robbery.

Flowing from the processes filed, the facts of that case, leading to this appeal, are not complex. The respondent alleged that the three appellants, while armed with a locally made pistol, 18/08/2007, attacked and robbed one Mrs. Ruth Alabi, the complainant, of the sum of N50,000 at Baba Oloya Area, Jebba in Moro local Government Area of Kwara State. After the robbery attack, the victim, Mrs. Ruth Alabi, raised alarm which attracted her husband and her grown-up son who pursued them. The first appellant was arrested on the same day and his arrest led, to the arrest of the second and third appellants the following day. The police, who arrested them, took them to Jebba Police station whence they were later transferred to the Spe…