KENNETH OGOALA V. THE STATE

P. NNAEMEKA-AGU, JSC (Delivering the Leading Judgment): This is a further appeal from the judgment of the Court of Appeal, Lagos Division, which had dismissed the appeal of the appellant from his conviction by Desalu, J., of the Lagos High Court of the offence of robbery punishable under Section 402(2)(a) of the Criminal Code (Amendment) Law of Lagos State, 1980.

The facts of the case are not complicated. On the 6th of October, 1980, one Dr. Osborn Olumide Phillips (P.W.2) was to travel abroad from their house at No. 72 Okepopo Street, Lagos. He was travelling to the airport in a Peugeot 504 Car of his friend, Olumuyiwa Ayanbule (P.W.1) which was actually driven by P.W.2 and his wife, Mrs. Phillips (P.W.3), sat beside him in the front seat. P.W.1 sat on the back seat. On their way to the airport, Dr. E. Phillips stopped at No.25 Sylvia Street, in Anthony Village to see a friend, one Mr. Odukoya. As the car radio was on, he left the car engine running with the key in the ignition hole …