PATRICK EJEH V. THE STATE

RIDWAN MAIWADA ABDULLAHI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Ondo State sitting at Akure Judicial Division presided over by Honourable Justice D. I. Kolawole delivered on 12th May, 2014. The appellant was charged on a two-count charge of Conspiracy to Commit Robbery and attempted Robbery Contrary to Sections 6(b) and 2(2) of the Robbery and Firearms (Special Provisions) Act, Cap R11, Vol. 14 Laws of the Federation of Nigeria, 2014.

Briefly, the facts of the case as related by the prosecution was that on the 9th August, 2012 at about 5:25pm. One Yemi Suleiman (PW1) the Deputy Registrar of Rufus Giwa Polytechnic Owo after closing office, he went to his church for a short prayer and after prayers he left for his car which was parked in front of the church. He sat on the driver’s seat while waiting for his driver who he sent on an errand.

​That one young man entered the car through the passenger seat and the young man brough…