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MARY UKAEGO PETER-ODILI, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Benin Division or Court below or Lower Court, CORAM: Helen Moronikeji Ogunwumiju, Ayobode Olujimi Lokulo-Sodupe and Tom Shaibu Yakubu JJCA which affirmed the conviction of the appellant by the Edo State High Court.
FACTS BRIEFLY STATED
At the trial four witnesses testified for the prosecution while the appellant testified on his own behalf and called two witnesses.
On 9th March, 2004 at about 9.00pm, PW1 (Bola Akinsanya) was in her restaurant where she sold food. At the material time some of her customers and sales girls were with her. All of a sudden a vehicle stopped in front of her restaurant and three boys and a girl came out and entered her restaurant. PW1 saw a shot gun with one of the boys. The boy with the gun ordered those in the restaurant to lie down and they all obeyed. The robber with the gun, shot three times into the air. One of the robbers walk…