OKUNADE KOLAWOLE V. THE STATE

MARY UKAEGO PETER-ODILI, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal or Court below sitting in Ibadan. The said judgment was delivered on the 13th October, 2011 affirming the judgment of the Ogun State High Court, Ijebu-Ode Judicial Division per C. C. Ogunsanya J. on the 23rd 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 1(2)(a) of the Robbery and Firearms (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 the 7/5/07 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 three hundred and fifty-seven thousand, one hundred and fifty naira in his car with one of his staff and w…