PETER-ODILI JSC (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal, Ekiti Division, delivered on 17 May 2011 which set aside the conviction and sentence of the respondent herein by the trial court to 14 years imprisonment for conspiracy to commit armed robbery as well as to death for committing armed robbery and in lieu discharged and acquitted the respondent herein of all thecharges against him. For clarity, I shall recast the six (6) counts charge which are hereunder stated as follows:
Charge No HAD/22CM/03 The State.................................... Complainant
Versus 1. Odunayo Ajayi ‘M’ 2. Godwin Ejumophor ‘M’ - Defendants 3. Ipoola Falope ‘M’
Count I: That you Odunayo Ajayi “M”, Godwin Ejumophor “M” and Ipoola Falope “M” on or about 2 February 2003 at about 10.30hrs at No. 1 Ile-Ileri Street off Opopogboro Road, Ado- Ekiti in the Ado Judicial Division did conspire to commit felony to wit: armed robbery and thereby committed an offenc…