YAKUBU IBRAHIM V. THE STATE

PATS-ACHOLONU, J.C.A. (Delivering the Leading Judgment): This appeal arose from the judgment of the Lagos High Court presided over by Hotonu J. in which the applicant and another were convicted and sentenced to terms of imprisonment. The appellant Yakubu Ibrahim had been charged along with one Shola Akin alias Akin Shola of (a) attempted robbery contrary to section 2(2)(a) of the Robbery and Firearms (Special Provisions) Act 1970 in that being armed with an offensive weapon - a knife with intent to steal assaulted one Opera Odjei and at the same time threatened to use actual violence on him, and (b) of conspiracy contrary to section 3(a)(b) of the Robbery and Firearms Act aforesaid in that on the same date the two people conspired to commit robbery.

The facts of the case are that the complainant Opera Odjei, P.W.1 was on the 21st of the month of February, 1979 stopped and more or less blocked by the accused persons with their motor-cycle at Ilupeju, after the said riders have been dut…