OBIETONBARA DANIEL-KALIO, J.C.A. (Delivering the Leading Judgment): On appeal before us is the judgment of the lower court in a criminal matter. The appellant was arraigned before the lower court, that is, the High Court of Oyo State, on a two count charge as follows:-
COUNT I: That you MUFUTAU OWOLABI 'M' aged 28 years and one other at large on the 29th day of January, 2009 at about 10pm at Shasha Ojoo area, Ibadan in the Ibadan Judicial Division did conspire together to commit a felony to wit: armed robbery and thereby committed an offence contrary to and punishable under Section 6(b) of the Robbery and Firearms (Special Provisions) Act Cap. R.11 Laws of the Federation of Nigeria, 2004.
COUNT II: That you MUFUTAU OWOLABI 'M' aged 28 years and one other at large on the same date, time and place in the Ibadan Judicial Division while armed with dangerous weapon such as a big rod did rob one Alhaji Abubakar Mustapha of the sum of N2, 000,000 (Two Million Naira) and thereby committed an …