CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment): In the High Court of Ogun State, Abeokuta Judicial Division, the Appellant was charged with conspiracy to commit armed robbery and two counts of armed robbery contrary to Sections (1) and 1(2)(a) of the Robbery and Firearms (special provisions) Act, Cap. 398, Laws of the Federation of Nigeria, 1990. The Appellant pleaded not guilty to the charges. The two counts of armed robbery alleged that the Appellant and others at large on or about the 15th day of October, 2001 at Oyeyemi Cottage near Greenland Hostel, Onikolobo in the Abeokuta Judicial Division while armed with firearms, to with a gun, robbed Mrs. Mojisola Olutoyin Akiode of the sum of N8,000.00 and Mr. Olu Akiode of the sum of N7,500.00 and a household toaster valued N2,500.00. The charge dated 21st June, 2002 is at pages 2 and 3 of the records.
Out of the six witnesses listed for the prosecution, three (3) testified, that is Mr. Olu Akiode, Mrs. Mojisola Oluwatoyin A…