IBILOYE MATHEW V. THE STATE

UWA JCA (Delivering the Lead Judgment): This is an appealagainst the judgment of the High Court Ogun State, sitting at Abeokuta, delivered on 7 July 2009, whereby the appellant was convicted of the offences of conspiracy to commit armed robbery and attempted armed robbery.

The background facts are that on 3 July 2006, the appellant and one other at large were alleged to have conspired together to commit a felony to wit: armed robbery, armed and attempted to rob one Odeyemi Bunmi of money and recharge cards at Adekunle Fajuyi Road, Abeokuta, Ogun State.

It was also alleged that the appellant and another went to PW3’s shop and attempted to rob her of her money while armed with an iron rod, when she raised alarm with the help of PW1, the appellant was arrested and handed over to the police. The appellant was said to have made confessional statements to the police which was tendered as exhibits during the trial, after a trial-within-trial was conducted by the learned trial judge when the …