HARUNA MOH'D TSAMMANI, J.C.A. (Delivering the Leading Judgment): The Appellant and one Adebayo Idowu were charged before the High Court of Ekiti State on three (3) counts of conspiracy to commit a felony, to wit: armed robbery, armed robbery and murder, which are offences punishable under Sections 5(b), 1(2)(a) of the Robbery and Firearms (Special Provisions) Act, Cap.39B; Laws of the Federation of Nigeria, 1990 (as amended), and Section 319 of the Criminal Code (Cap. 30), Laws of Ondo State, 1978, as applicable to Ekiti State.
The case of the prosecution against the Appellant is that, on the 15/8/2003, at about 11:55 p.m., robbers broke into the house of the 1st and 2nd prosecution witnesses while armed with guns and made away with the sum of Two Hundred and Twenty-one Thousand, one Hundred and sixty-Five Naira only (N221,165.00) belonging to the P.W.2 (Mustapha Sunmonu). It is also the prosecution's case that, in the process of the robbery, the P.W.2 suffered a fracture on his leg …