SEGUN ODUNAYO V. THE STATE

ADAMU JAURO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Ogun State, Ota Judicial Division delivered on 21st December, 2010 by Hon. Justice A. O. Asenuga in Suit No. HCT/12R/2007.

A resume of the facts culminating in this appeal is hereby made as follows: The appellant Segun Odunayo and two others, namely Kazeem Akintunde and Ahmed Salami were arraigned before the Ogun State High Court, Ota Judicial Division on a three count charge of Conspiracy to commit armed robbery and armed robbery. The said offences being contrary to Section 6(b) and 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Cap. R. 11, Laws of the Federation of Nigeria, 2004. Trial commenced in earnest on 21st November, 2008 with the appellant and the two other accused persons pleading not guilty to the charges. The prosecution called four witnesses and tendered exhibits in support of its case. The appellant opened his defence on 9th November, 2009 an…