SANKEY JCA (Delivering the Lead Judgment): The appellant herein, Kazeem Omopupa, was arraigned before the High Court of Justice, Ilorin, coram Hon. Justice M.A. Afolayan, on a one-count charge that read thus: “That you, Kazeem Omopupa and 2 others now at large, on or about 15 March 2003 at about 11.40 hours at No. IA, Obangede Road, Adewole Estate, Ilorin within the jurisdiction of this honourable court whilst armed with a gun, attacked and robbed one Alhaji Mustapha Alabi of two necklaces, one pair of tennis shoes, two rings, two Motorola handsets (V70 and V-66) and the sum of about N99,000.00 (ninety-nine thousand naira) and you thereby committed an offence punishable under section 1(2) of the Robbery and Firearms (Special Provisions) Act, Cap. 398 Laws of the Federation of Nigeria, 1990.”
The appellant pleaded not guilty to the charge and the matter went to full trial. In the courseof hearing, three witnesses testified for the prosecution. A The appellant testified in his defence …