PETER-ODILI JSC (Delivering the Lead Judgment): This is an appeal against the judgment of the Court ofAppeal or court below sitting in Ibadan. Thesaid judgment was delivered on 13 October 2011 affirming the judgment of the Ogun State High Court, Ijebu-OdeJudicial Division per C.
C. Ogunsanya J. on 23 December 2009. The appellant and others were tried on a two count charge of conspiracy to commit armed robbery and armed robbery contrary to section 6 (b) and (2) (a) of the Robbery and Fireams (Special Provisions) Act, Cap. R.II, Laws of the Federation of Nigeria 2004. Statement of facts:
The case of the prosecution at the trial court was that on 7 May 1997 at about 9.30p.m, the PW1, who was the Managing Director of FAO Constant Petroleum at Ilese, Ijebu-Ode, Ogun State closed for the day at the filling station. He took the day’s proceeds, the sum of N357,150.00 (three hundred and fifty-seven thousand, one hundred and fifty naira) in his car with one of his staff and whiledriving along…