JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of High Court Ogun State, Ijebu-Ode Judicial Division in Charge NO. HCJ/2C/2014: THE STATE v. (1) EJIOFOR JOSHUA (2) CHIKWADO MICHAEL delivered on 7/4/2017 wherein the Appellant was found guilty of the offence of Armed Robbery contrary to Section 1 (2)(a) of the Robbery and Firearms (Special Provision) Act Cap R 11 Laws of the Federation of Nigeria 2004 and sentenced to death by hanging.
Briefly the facts of the case according to the Prosecution is that PW1 Ariyo Alade Ibinu a commercial driver stopped for his passengers on 22/11/2012 to eat at Ijebu-Ode toll gate when the Appellant and others accosted and robbed him of his handset while armed with a gun. He raised alarm which attracted the vigilante personnel around. The Appellant was apprehended and handed over to the Police.
The case was later charged before the trial Court where he denied the charge.
At the conclusion of hearing, th…