ALFRED P.E. AWALA, JCA (Delivering the Leading Judgment): The Appellant here was arraigned on a four count charge of conspiracy and robbery on 28/4/04, alongside two other persons as 1st and 2nd Accused contrary to section 1(2)(a) and 5(b) of the Robbery and Firearms (Special Provisions) Act, Cap 398, Laws of the Federation of Nigeria 1990 in Suit No. ABJ/18R/02 at the High Court of Justice of Ogun State holding at Abeokuta. They pleaded not guilty. The prosecution called five witnesses to prove its case. At the close of the prosecution case, Mr. Salau for the 2nd accused person but on behalf of all the accused persons made a no case submission. In his Ruling dated 25/9/03 the learned trial judge held that the 1st and 2nd Accused had no case to answer and discharged and acquitted them. Only the 3rd Accused was therefore tried.
For an apt understanding of the facts of this matter, I relate them albeit briefly hereunder. The case of the prosecution is this. On 4/4/02 at kilometer 2 Ayet…