TUNDE KAREEM V. THE STATE

UGO JCA: (Delivering the Lead Judgment): This appeal is against the judgment of the High Court of Kwara State of 01 July 2014 in Charge No KWS/36C/2011 convicting the appellant of the offences of criminal conspiracy and armed robbery contrary to sections 6 (a) and 1(2) (a) and (b) respectively of the Robbery and Firearms (Special Provisions) Act, 2004. Appellant was 3rd accused in both counts and was charged and stood trial with three other persons all of whom were also convicted and sentenced to death for the same offences. The case of the prosecution was that the appellant and his said co-accused persons - Ibrahim Olayiwola (1st accused), Abdulwahid Aliu Tosin (2nd accused) and Omotayo Isah (4th accused) - while armed with guns. On 18 February 2011, at Rockfield Petrol Filling Station here in Ilorin, Kwara State, robbed AbdulRahman Aliyu, a petroleum sales attendant, and his colleagues of their handsets and daily sales. It stated that the 1st accused person (Ibrahim Olayiwola), wh…