CHIDI NWAOMA UWA, J.C.A.(Delivering the Leading Judgment): The appeal is against the judgment of the Kwara State High Court delivered on 30th September, 2016, presided over by M.A. Folayan, J, in which the appellant was convicted with one Tunde Sheu and another for the offences of criminal conspiracy, armed robbery and illegal possession of firearms, pursuant to Sections 97 of the Penal Code and 2(1) of the Robbery and Fire Arms (Special Provisions) Act Cap 11 Laws of the Federation of Nigeria, 2004.
The appellant stood trial at the High Court as 2nd accused person. He pleaded not guilty to the charge and testified as DW2. The Respondent called five (5) witnesses.
The background facts are that one Kamaldeen Shittu on his way home at Awolowo Road, Tanke Area, Ilorin was stopped by a gang of armed robbers who he mistook for policemen on patrol. A gun was pointed at his head by one of the robbery gang member; he was slapped by another member of the gang who ordered him to release his car k…