MOHAMMED MAHMUD V. THE STATE

SOTONYE DENTON-WEST J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of Osun State High Court sitting at Ikirun Judicial Division delivered on 29th day of March, 2012. The Appellant was arraigned before the Court on a 3 count charge of conspiracy and armed robbery under the Robbery and Firearms (Special Provision) Act, CAP R.11, Laws of Federation of Nigeria 2004.

Upon arraignment, the Appellant pleaded not guilty to the 3 count charge. To prove the guilt of the Appellant, the prosecution called two witnesses and tendered a number of exhibits. The Appellant gave evidence for himself in defence and called no witness.

The case of the prosecution was that the Appellant with others at large invaded Student's Hostel Accommodation of the Osun State Polytechnic, Iree, armed with knife and turning stick and robbed the students of their valuables like handset and money. It was the case of the Appellant that he is a Fulani man and that he did not steal anything from a…