DOSUNMU V. STATE

ADEMOLA, J.C.A. (Presiding and Delivering the Lead Judgment): On the20th of October, 1986 when this appeal came up, it was allowed, the conviction and sentence passed on the appellant were set aside. I now give reasons for so doing.

The appellant was charged in the court below on an information which reads thus:

"Statement of Offence

Robbery punishable under section 402(2)(b) of the Criminal Code.

Particulars of Offence

Fatai Dosunmu (m) on or about the 10lh day of January 1981 at Lagos in the Lagos Judicial Division being in company of others unknown robbed one Christy Olusemo (f) of a handbag containing Twenty-five Naira, wrist-watch, gold chain and earrings all of a total value of N310.00 and at the time of such robbery wounded the said Christy Olusemo (f)".

At the trial, he pleaded not guilty. The prosecution called seven witnesses while the appellant called four witnesses in his own defence. It was the prosecution case that the appellant was a member of a gang that attacked the complai…